Williams v. Kemp

ON MOTION FOR REHEARING

WATSON, J.

The theory of the foregoing decision is this: Kemp and Williams, engaged or about to engage in litigation, involving damages liquidated at $750, placed that stun in a bank, agreeing that it should abide the result of the suit. If Kemp recovered the judgment, the money was to be paid to him. If not, it was to be restored to Williams. Kemp recovered judgment. Williams appealed, gave supersedeas bond, and the judgment was affirmed. By that judgment and its affirmance the condition arose under which Kemp was entitled to the money. In the meantime, through failure…