Legal Opinion

Failor v. Wehe

Supreme Court of Kansas

Decided June 10, 1916No. 20,224PublishedCited by 7 opinions

Appeal from Shawnee district court, division No. 1; Alston W. Dana, judge.

1Opinion of the Court

The opinion of the court was delivered by

Dawson, J.:

The only question in this case is whether a surety is liable on an appeal bond when his principals have been relieved from the payment of the judgment appealed from by their discharge in bankruptcy.

The plaintiff obtained a judgment in the city court of Topeka against Disbrow & Ready, a business partnership. The partners appealed, and the defendant signed their statutory bond as surety. Some months later Disbrow & Ready were adjudged bankrupts and in time received their discharge. Thereafter their appealed case was dismissed for want of…

2Cases cited15 opinions

  1. Hill v. HardingSupreme Court of the United States · 1889
  2. Brown & Brown Coal Co. v. AntezakMichigan Supreme Court · 1910
  3. Leader v. MattinglySupreme Court of Alabama · 1903
  4. Goyer Co. v. JonesMississippi Supreme Court · 1901
  5. Pinkard v. P. J. Willis & Bro.Court of Appeals of Texas · 1900

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3Cited by7 opinions

  1. In re MyersSupreme Court of Kansas · 1925
  2. First National Bank v. HoffmanSupreme Court of Kansas · 1918
  3. State v. BreitenbachSupreme Court of Kansas · 1962
  4. Cullum v. LoweCourt of Appeals of Texas · 1928
  5. Pettus v. CummingsSupreme Court of Oklahoma · 1926

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