Fidelity & Deposit Co. v. L. Bucki & Son Lumber Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. On October 1, 1897, the Atlantic Lumber Company commenced two actions at law in the Circuit Court of Duval County, Florida, against The L. Bucki & Son Lumber Company. In each of'these actions.a writ of attachment was issued, The Fidelity and Deposit Company of. Maryland being the surety on the attachment bonds. Both of the attachments were dissolved.
Read the full summary
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. On October 1, 1897, the Atlantic Lumber Company commenced two actions at law in the Circuit Court of Duval County, Florida, against The L. Bucki & Son Lumber Company. In each of'these actions.a writ of attachment was issued, The Fidelity and Deposit Company of. Maryland being the surety on the attachment bonds. Both of the attachments were dissolved. Soon after such dissolution the Bucki Company brought the present action against The Fidelity Company upon the attachment bonds. The action was commenced in the Circuit Court of…
1Opinion of the CourtJustice Brewer
The principal question arises in the claim to recover counsel fees incurred in securing the dissolution of the attachments. The reasonable value of such fees was specially found by the jury to have been $7500. . The Circuit Court refused to include this in its judgment, but the Court of Appeals ruled otherwise, and ordered judgment for that sum in addition to the amount of the general verdict.
By the law of Florida counsel fees incurred in securing the dissolution of an attachment are recoverable in actions upon attachment bonds. This was distinctly ruled in Gonzales v. De Funiak Havana…
2Cases cited9 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Cincinnati Siemens-Lungren Gas Illuminating Co. v. Western Siemens-Lungren Co.Supreme Court of the United States · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hewitt v. United StatesCourt of Appeals for the Eighth Circuit · 1940
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Aladdin Mfg. Co. v. Mantle Lamp Co. of AmericaCourt of Appeals for the Seventh Circuit · 1941
- Lias v. United StatesCourt of Appeals for the Fourth Circuit · 1931
- Archie Bradsher Davis v. Peerless Insurance Co.Court of Appeals for the D.C. Circuit · 1958
22 more not listed; retrieve them via the Exa API.