The Law of Suretyship and Guaranty: As Administered by Courts of Countries where the Common Law Prevails |
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Page 953
... judg- ment appealed from may sue on appeal bond without assignment thereof . 527. Whether appeal bond sure- ties liable for deficiency de- cree - To whom costs paya- ble - New bond . 528. When surety on appeal bond liable ...
... judg- ment appealed from may sue on appeal bond without assignment thereof . 527. Whether appeal bond sure- ties liable for deficiency de- cree - To whom costs paya- ble - New bond . 528. When surety on appeal bond liable ...
Page 954
... judg- ment - Other cases . 537. Miscellaneous cases as to lia- bility of sureties on appeal bonds . 538. Liability of sureties on forthcoming , claim and de- livery and release bonds- Judgment - Amendment of pleadings , effect of . 539 ...
... judg- ment - Other cases . 537. Miscellaneous cases as to lia- bility of sureties on appeal bonds . 538. Liability of sureties on forthcoming , claim and de- livery and release bonds- Judgment - Amendment of pleadings , effect of . 539 ...
Page 956
... judg- ment of a justice of the peace filed a bond before the justice with two sureties . One of them failed to justify and a third party who jus- tified signed the bond , although his name was nowhere mentioned in it . Held , by a ...
... judg- ment of a justice of the peace filed a bond before the justice with two sureties . One of them failed to justify and a third party who jus- tified signed the bond , although his name was nowhere mentioned in it . Held , by a ...
Page 958
... judg- ment of a justice to whom the case had been taken by change of venue 25 O'Brien , J. , in Wing v . Rogers , 138 N. Y. 361 , 34 N. E. Rep . 194 . Thus , in Hemmingway v . Poucher , 98 N. Y. 281 , an appeal bond was given in 1872 ...
... judg- ment of a justice to whom the case had been taken by change of venue 25 O'Brien , J. , in Wing v . Rogers , 138 N. Y. 361 , 34 N. E. Rep . 194 . Thus , in Hemmingway v . Poucher , 98 N. Y. 281 , an appeal bond was given in 1872 ...
Page 959
... judg- ment was joint and the appeal joint and that they gave the bond as up- on an individual appeal . " Having obligated himself to pay the judg- ment in case the appeal is not suc- cessfully prosecuted , he must an- swer under his ...
... judg- ment was joint and the appeal joint and that they gave the bond as up- on an individual appeal . " Having obligated himself to pay the judg- ment in case the appeal is not suc- cessfully prosecuted , he must an- swer under his ...
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Common terms and phrases
action Adm'r administrator affg Allen American Surety Co appeal bond B. J. Lea Tenn bail bond Bank Barb Blackf bond given Brown Bush Ky Calif City Clark clerk Colo Commonwealth conditioned Conn contract court creditor damages Davis default defendant discharged duties execution executor Gratt guardian Heisk Humph Iowa Johns Johnson Jones judgment Law Rep Law S. C. Liability of surety Mass ment Miller Minn Miss Moore N. E. Rep N. J. Eq N. J. Law N. Y. Supp National Surety Co obligation official bond Ohio St PAGES party payment plaintiff principal recognizance recover REFERENCES release replevin bond Scott sheriff Singer Mfg Smedes Smith statute Strob suit supersedeas bond Taylor term tion treasurer Trust U. S. App United Watts Wend Wilson writ
Popular passages
Page 1328 - ... shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract...
Page 1229 - ... a seizure of the goods of A. under color of process against B. is official misconduct in the officer making the seizure; and is a breach of the condition of his official bond, where that is that he will faithfully perform the duties of his office. The reason for this is, that the trespass is not the act of a mere individual, but is perpetrated colore officii.
Page 1065 - ... to be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States or territorial court as by this act has cognizance of the offence.
Page 1065 - State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense.
Page 1439 - ... from and against any and all loss, costs, charges, suits, damages, counsel fees, and expenses of whatever kind or nature, which said guaranty company shall or may for any cause, at any time, sustain or incur or be put to, for or by reason or in consequence of said guaranty company's having executed said bond.
Page 1231 - Acts done virtute officii are where they are within the authority of the officer, but in doing it he exercises that authority improperly, or abuses the confidence which the law reposes in him, whilst acts done colore officii are where they are of such a nature that his office gives him no authority to do them.
Page 1266 - The condition of the bond * * * that the executor 'shall obey all orders of the surrogate touching the administration of the estate...
Page 1044 - No official bond entered into by any officer, nor any bond, recognizance, or written undertaking taken by any officer in the discharge of the duties of his office, shall be void for want of form or substance or recital or condition, nor the principal or surety be discharged...
Page 1247 - In other words, co-executors and co-administrators may act either separately or in conjunction. They are jointly responsible for joint acts, and each is separately answerable for his separate acts and defaults.
Page 1367 - ... conclusive evidence of his right to recover against such sureties ; and the court or judge in vacation may, on motion, upon notice of five days, order judgment to be entered up against them for the amount so recovered, including costs.