Calhoun v. Gray
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Hon. Charles D. Stewart, Judge. (1) "Whore the plaintiff in a suit gives security for cost and the defendant prevails in the action, judgment may be rendered at the same time against the principal and the surety in the cost bond. Should however, judgment for cost against the surety be omitted, the defendant may sue the.surety directly on his undertaking. Davis v. Farmer, 28 Mo. 54; Garret v. Crammer, 14 Mo.
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Appeal from Scotland Circuit Court. — Hon. Charles D. Stewart, Judge. (1) "Whore the plaintiff in a suit gives security for cost and the defendant prevails in the action, judgment may be rendered at the same time against the principal and the surety in the cost bond. Should however, judgment for cost against the surety be omitted, the defendant may sue the.surety directly on his undertaking. Davis v. Farmer, 28 Mo. 54; Garret v. Crammer, 14 Mo. App. 401. (2) A witness in whose favor fees are taxed in a cause may maintain an action therefor against a surety for cost whose liability has become…
1Opinion of the CourtNortoni, J.
This is a suit against the sureties on a statutory ■ cost bond for costs adjudged against their principal, who was plaintiff in the action in which the cost bond was given. The finding and judgment were for the defendants and plaintiff prosecutes the appeal.
The question presented for decision is as to whether or not the judgment for costs against the plaintiff alone, and not against the sureties, is conclusive against his sureties on the cost bond. The relevant facts- giving rise to the controversy are about as follows: One, Shelley, instituted a suit in the circuit court against plaintiff in…
2Cases cited32 opinions
- Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
- McConnell v. PoorSupreme Court of Iowa · 1901
- Nolan v. JohnsSupreme Court of Missouri · 1891
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- Dix v. MorrisSupreme Court of Missouri · 1877
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3Cited by10 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Listerman v. Day and Night Plumbing & Heating Serv.Missouri Court of Appeals · 1964
- Kimpton v. SpellmanSupreme Court of Missouri · 1943
- Home Insurance Co. of New York v. SavageMissouri Court of Appeals · 1937
- City of Bridgeport v. United States Fidelity & Guaranty Co.Supreme Court of Connecticut · 1926
5 more not listed; retrieve them via the Exa API.