Grimes v. . Andrews
Supreme Court of North Carolina
MotioN in this cause in the Supreme Court by plaintiff for judgment against Harry Skinner and J. F. Pollard, sureties on defense bond in action of ejectment under Revisal, sec. 453, for the costs of the Supreme Court.
1Opinion of the CourtBeowet, J.
The condition of the defense bond in an action for the recovery of real property is “that the defendant pay to the plaintiff all such costs and damages as the plaintiff may recover in the action/’ etc. The statute requires defendant to give such bond as a condition precedent to filing an answer.
It is not questioned that the bond secures the costs of the Superior Court. We are unable to comprehend why it does not cover costs of the Supreme Court as well. The language of the statute is plain, unequivocal, comprehensive, and covers all costs the plaintiff may recover. There seems to be no room…
2Cases cited6 opinions
- Traver v. NicholsNew York Supreme Court · 1831
- Smith v. LockwoodWisconsin Supreme Court · 1874
- Dunn v. SutliffMichigan Supreme Court · 1847
- Martin v. KellyMississippi Supreme Court · 1882
- Hendricks v. CarsonIndiana Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Borden v. Carolina Power & Light Co.Supreme Court of North Carolina · 1917