Fidelity & Deposit Co. v. Torian

SAYRE, J,

Suit on a bond of supersedeas conditioned to pay, among other things, “all such costs and damages as any party aggrieved may sustain by reason of the wrongful appeal” in the case of Ward v. Torian, 216 Ala. 288, 112 So. 815. The bond was payable to the clerk of the trial court, and this suit is by the clerk for the use and benefit of plaintiff, appellee. Plaintiff sought to recover damages in the way of counsel fees, liability for which had been incurred in the defense of the appeal and in defending against an application for rehearing in this court.

Ward v. Torian was an action of…