Hickerson v. Price
Tennessee Supreme Court
EROM COPEES. Appeal by sureties from an order of the Chancery Court at Manchester, declaring them to have been released by previous action of the Court, and refusal then to require a new bond. insisted that the release of sureties is summary, citing McGhee v. Anderson, 11 Hum., 595; Wynne v. Edwards, 7 Hum., 418. On taking bond, the power of the Chancellor is exhausted, until one of the contingencies provided by statute gives him new power.
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EROM COPEES. Appeal by sureties from an order of the Chancery Court at Manchester, declaring them to have been released by previous action of the Court, and refusal then to require a new bond. insisted that the release of sureties is summary, citing McGhee v. Anderson, 11 Hum., 595; Wynne v. Edwards, 7 Hum., 418. On taking bond, the power of the Chancellor is exhausted, until one of the contingencies provided by statute gives him new power. Until then any action was coram non judice, and whatever may be the liability of the new sureties, does not relieve the old. That the information of…
1Opinion of the CourtDeaderick, J.
Complainants, with others, became sureties upon the official bonds of defendant, in August, 1865, upon his appointment as Clerk and Master of the Chancery Court at Manchester. At the August Term, 1868, of said Chancery Court, the following entry appears to have been made:
“This day, James Price, C. & M., came into open *625court, and upon his own application, asked leave of the Court to give new bonds, with other securities, which the Court permitted him to do. Whereupon the said James Price presented the following bonds, which, having been acknowledged before, and certified and approved by, the…
2Cited by4 opinions
- Clark v. American Surety Co.Illinois Supreme Court · 1897
- First National Bank v. MoonMichigan Supreme Court · 1928
- Bankers Trust Company, Guardian v. HamsteadCourt of Appeals of Tennessee · 1926
- Fireman's Fund Ins. v. WyattCourt of Appeals of Tennessee · 1964