Drake v. Sworts
Oregon Supreme Court
Harney County: Morton D. Clieeord, Judge. This is an action brought by H. M. Drake against Sworts & Miller, and against J. C. Wooley and P. F. Steuger, their sureties on an attachment bond given in an action at law brought by Sworts & Miller against the plaintiff herein.
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Harney County: Morton D. Clieeord, Judge. This is an action brought by H. M. Drake against Sworts & Miller, and against J. C. Wooley and P. F. Steuger, their sureties on an attachment bond given in an action at law brought by Sworts & Miller against the plaintiff herein. The complaint, in substance, alleges that in pursuance of said undertaking, and the affidavit of < Sworts & Miller, a writ of attachment was issued in said action upon which thirty-one head of horses, the property of plaintiff, were attached and detained by the sheriff for forty-seven days, and until the plaintiff gave a…
1Opinion of the CourtJustice Bean
1. The defendant contends that the obligors in an undertaking for an attachment, under our statute, are not liable for all costs that may be adjudged to the defendant in the action, but only for such expenses as may have been incurred on account of the attachment. On the other h.and, the contention for plaintiff is that he is entitled to recover in an action on the undertaking all costs and disbursements adjudged to him in the original action, whether on account of the action itself or the attachment therein. The liability of the obligors is measured by the conditions of the undertaking, and,…
2Cases cited10 opinions
- Olds v. CaryOregon Supreme Court · 1886
- Charles Kohn & Co. v. HinshawOregon Supreme Court · 1889
- Gass v. WilliamsIndiana Supreme Court · 1874
- Rachelman v. SkinnerSupreme Court of Minnesota · 1891
- Home Bank v. . DrumgooleNew York Court of Appeals · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Mitchell v. Silver Lake LodgeOregon Supreme Court · 1896
- Winter v. Union Packing Co.Oregon Supreme Court · 1908
- Durkee v. CarrOregon Supreme Court · 1900
- Savage v. SavageOregon Supreme Court · 1899
16 more not listed; retrieve them via the Exa API.