Johnson v. James H. Price & Co.

I respectfully dissent from the affirmance of the trial court’s order which dismissed the petition with prejudice in this cause, but in effect with leave to proceed for damages in a separate action. Although the petition for damages did not declare on the supersedeas bond, the record disclosed that the petitioners Johnson and Howland were entitled to judgment for damages against Price and the trustees of the dissolved Price corporation as principals on the supersedeas bond (as had been adjudged in the petitioners’ favor on their prior petition for damages against the surety on the bond).

For…