Bailey v. McCormick
West Virginia Supreme Court
GreeN, Judge, furnishes the following statement of the case: On September 2, 1873, S. P. McCormick and Lewis Iiay-mond executed and filed an undertaking in a chancery cause, pending in the circuit' court of Taylor county, wherein one Jacob B. McCormick, a non-resident of this State, was plain-tift, and Silas P. Bailey was defendant, which undertaking was in these words : “Jacob B. McCormick, a non-resident of this State, having-commenced his suit in equity against said Silas…
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GreeN, Judge, furnishes the following statement of the case: On September 2, 1873, S. P. McCormick and Lewis Iiay-mond executed and filed an undertaking in a chancery cause, pending in the circuit' court of Taylor county, wherein one Jacob B. McCormick, a non-resident of this State, was plain-tift, and Silas P. Bailey was defendant, which undertaking was in these words : “Jacob B. McCormick, a non-resident of this State, having-commenced his suit in equity against said Silas P. Bailey in the circuit court of the county of Taylor, we, S. P. McCormick and Lewis Haymond of the said county…
1Opinion of the Court
GREEN, Judge.
The only question involved in the record of this cause is, whether in a suit by a non-resident, when the court below *97renders a decree against the defendant, and he takes an appeal to this Court, who reverse the decree below and award costs to the appellant, the undertaking required in such case by section 2 of chapter 138 of the Code binds the sureties only for the costs in the court below or also for the costs awarded by the Appellate Court. The undertaking is “to pay all costs, which may be awarded to the said defendant, naming him, in said suit, and all fees, which may become…
2Cases cited5 opinions
- Vermillyea v. OdellNew York Court of Chancery · 1833
- Wendell v. LewisNew York Court of Chancery · 1841
- Clark v. QuackenbossIllinois Supreme Court · 1862
- Jeter v. LanghorneSupreme Court of Virginia · 1848
- Judson v. LeachNew York Supreme Court · 1827
3Cited by9 opinions
- Mackin v. Taylor County CourtWest Virginia Supreme Court · 1893
- Outlaw v. PearceSupreme Court of Virginia · 1940
- State ex rel. Citizen's National Bank v. GrahamWest Virginia Supreme Court · 1910
- Bratt v. MarumWest Virginia Supreme Court · 1884
- State v. MooreWest Virginia Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.