Coughran v. Sundback
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by E. W, Coughran against John Sundback and others for a recovery upon an appeal bond. From a judgment for defendants, plaintiff appeals.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by E. W, Coughran against John Sundback and others for a recovery upon an appeal bond. From a judgment for defendants, plaintiff appeals. The bond in suit, while not sufficient to operate as a stay • bond, was yet good as a common-law obligation, its penalty being in such a sum as to indicate that its purpose was to secure the payment of the anjjount found tobe the value of the property and the undertaking having been treated and accepted as en tirely regular by the parties. Nunn v. Goodlet, 10 Ark. 89; Dore v.…
1Opinion of the Court
Fuller P. J.
The basis of this action is an undertaking-on appeal from a judgment against a sheriff, John Sundback, rendered in a claim and delivery action, and affirmed by this court in Coughran v. Sundback, 9 S. D. 483, 70 N. W. 644. Upon the theory that the terms and conditions of such undertaking, executed by Sundback as principal and Hollister and *117Tabor as sureties, do not justify a recovery of the value of the property seized by the sheriff, and involved in the action of claim and delivery, the trial court limited plaintiff’s recovery to the costs of said action in the circuit court —…
2Cases cited7 opinions
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Toles v. . AdeeNew York Court of Appeals · 1881
- Mix v. PeopleIllinois Supreme Court · 1877
- Field v. SchricherSupreme Court of Iowa · 1862
- Dore v. CoveyCalifornia Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nesvold v. ThompsonNorth Dakota Supreme Court · 1928
- Bortree v. DunkinWyoming Supreme Court · 1912
- Coughran v. HollisterSouth Dakota Supreme Court · 1902
- Woodward v. TroutIndiana Court of Appeals · 1920