Post v. Shafer
Michigan Supreme Court
Error to Kent. (Montgomery, J.) Debt on appeal bond. Plaintiff brings error. The facts are stated in the opinion. Whether the non-payment of a judgment against only one of the appellants and in favor of the other is a breach of the condition of the bond, see Seacord v. Morgan, 3 Keyes (N. Y.), 636; Hood v. Mathis, 21 Mo. 308; Lutt v. Sterrett, 26 Kan. 561; Wood v. Orford, 56 Cal. 157. There is no merger unless the judgment obtained is a higher security: Wixom v. Stephens, 17…
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Error to Kent. (Montgomery, J.) Debt on appeal bond. Plaintiff brings error. The facts are stated in the opinion. Whether the non-payment of a judgment against only one of the appellants and in favor of the other is a breach of the condition of the bond, see Seacord v. Morgan, 3 Keyes (N. Y.), 636; Hood v. Mathis, 21 Mo. 308; Lutt v. Sterrett, 26 Kan. 561; Wood v. Orford, 56 Cal. 157. There is no merger unless the judgment obtained is a higher security: Wixom v. Stephens, 17 Mich. 518; Bonesteel v. Todd, 9 Id. 371. Neither the analogies of tíie law nor the reasons on which the rule is based…
1Opinion of the CourtCampbell, C. J.
This is a suit on an appeal bond given in a case removed from a justice to the Kent circuit.
One John Miller sued Jacob Shafer and Wilhelmina Shafer, his wife, on a joint promissory note, and got judgment for $154.91 damages and $7.56 costs. Defendants appealed jointly to the Kent circuit court, making a bond which the finding in this - case shows was made jointly by both defendants, and Franz Bier as their surety.
The condition throughout related to a joint obligation, and provided for paying any judgment rendered against the two principal defendants. There was never any discontinuance against…
2Cases cited10 opinions
- Evers v. SagerMichigan Supreme Court · 1873
- Munn v. HaynesMichigan Supreme Court · 1881
- Andre v. FitzhughMichigan Supreme Court · 1869
- Ballou v. HillMichigan Supreme Court · 1871
- Taylor v. DansbyMichigan Supreme Court · 1879
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3Cited by10 opinions
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- Kies v. WalworthMichigan Supreme Court · 1930
- Doane v. Feather's EstateMichigan Supreme Court · 1899
- Wineman v. PhillipsMichigan Supreme Court · 1892
- Ehinger v. FiskeMichigan Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.