Legal Opinion

Dexter v. Sayward

U.S. Circuit Court for the District of Washington

Decided December 20, 1897PublishedCited by 1 opinion

This is an action by Dexter, Horton & Co., a corporation, against W. P. Sayward, Malcolm McDougall, and Mary McDougall, on a su-persedeas bond. Heard on demurrer to the answer.

1Opinion of the Court

HANFORD, District Judge.

This action is ancillary to the case of Dexter Horton & Co. v. Sayward (No. 135, in this court), and is founded upon a supersedeas bond executed by the defendants, and filed in the original case, to stay execution upon the judgment pending a hearing of the cause in the circuit court of appeals. This court has heretofore ruled, upon a motion in the original case, that the obligors did not, by said bond, become liable for the judgment, hut only for costs and damages, including any loss to the plaintiff by deterioration in value of the property under attachment in the…

2Cases cited34 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. In Re AyersSupreme Court of the United States · 1887
  3. Windsor v. McVeighSupreme Court of the United States · 1876
  4. Thompson v. WhitmanSupreme Court of the United States · 1874
  5. Hovey v. ElliottSupreme Court of the United States · 1897

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3Cited by1 opinion

  1. Pacific Coast Casualty Co. v. HarveyCourt of Appeals for the Ninth Circuit · 1918

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