Baugh & Sons Co. v. United States Fidelity & Guaranty Co.

The issue presented is whether the liability of an obligor upon a bond given to discharge an attachment survives its annulment, by reason of a dismissal of the complaint and the failure to procure a stay of proceedings pending appeal which results in a new trial.

In an action wherein plaintiff was defendant and the Crowell Corporation plaintiff, an attachment levied on said defendant’s property was discharged upon the undertaking of defendant herein. The obligation of the bond was “ that the defendant Baugh and Sons *732Company [plaintiff herein] will pay any judgment which may be finally…