Menken v. Frank
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. J. W. C. WatsoN, Judge. The plaintiffs in error sued the defendants in error on a bond executed by the latter in a proceeding instituted by one of them to enjoin a sale under a deed of trust made by A. L. Hill to secure a debt due the former.
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Error to the Circuit Court of Marshall County. Hon. J. W. C. WatsoN, Judge. The plaintiffs in error sued the defendants in error on a bond executed by the latter in a proceeding instituted by one of them to enjoin a sale under a deed of trust made by A. L. Hill to secure a debt due the former. The bond was conditioned as provided by Code 1871, § 1044, to stay proceedings at law, and not as directed in § 1045, to obtain injunctions for other purposes, and the breaches assigned were of the part of the condition to pay the money due, which was required by the former statute, but not by the…
1Opinion of the CourtCampbell, J.
The bond sued on in this action is not void because the condition is broader than the statute required, but no recovery can be had on it for an alleged breach of such part of the condition as is not provided for by the statute. Code 1871, § 1045. The breaches of the condition of the bond assigned in the declaration are founded on that part of the condition not required or authorized bylaw. We have examined the authorities cited by counsel, and deduce as the true rule on this subject that a bond given in a legal proceeding, which is conditioned for more than the law provides, is good to the…
2Cited by4 opinions
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- Quinn v. Baldwin Star Coal Co.Colorado Court of Appeals · 1904
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