Failor v. Wehe
Supreme Court of Kansas
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
- Hill v. HardingSupreme Court of the United States · 1889
- Brown & Brown Coal Co. v. AntezakMichigan Supreme Court · 1910
- Leader v. MattinglySupreme Court of Alabama · 1903
- Goyer Co. v. JonesMississippi Supreme Court · 1901
- Pinkard v. P. J. Willis & Bro.Court of Appeals of Texas · 1900
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3Cited by7 opinions
- In re MyersSupreme Court of Kansas · 1925
- First National Bank v. HoffmanSupreme Court of Kansas · 1918
- State v. BreitenbachSupreme Court of Kansas · 1962
- Cullum v. LoweCourt of Appeals of Texas · 1928
- Pettus v. CummingsSupreme Court of Oklahoma · 1926
2 more not listed; retrieve them via the Exa API.