New Orleans Insurance Company v. Albro Company
Supreme Court of the United States
IN error to the circuit court oe the UNITED STATES for tiie EASTERN DISTRICT OF LOUISIANA. This was a motion to dismiss, with which a motion to affirm was combined under the rule. The grounds for both branches of the motion are fully stated in the opinion of the court.
1Opinion of the CourtChief Justice Waite
delivei’ed the opinion of the court.
The motion to dismiss is put on the ground that the security bond is defective, 1, because -the sureties are not jointly or severally bound for the full amount of the obligation, but each severally for a specified part only, and, 2, because the judgment brought'under review by the writ of error is not described with, sufficient certainty.
The bond is certainly unusual in form, but we cannot say that it is not within the legal discretion of a justice or judge, under some circumstances, to take it. Oases may arise in which it will be impossible to obtain…
2Cases cited1 opinion
- Jerome v. McCarterSupreme Court of the United States · 1874
3Cited by8 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Copeland v. RobertsonMississippi Supreme Court · 1959
- Meyer v. Great Western InsuranceCalifornia Supreme Court · 1894
- Oliver Aresti v. SotoSupreme Court of Puerto Rico · 1940
- Jackson v. RelfSupreme Court of Florida · 1888
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