United States Fidelity & Casualty Co. v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jas. Cochran, Judge; The surety was not liable for costs accrued after the death of Miller. Kirby & Castle’s Digest, § 7740; Kirby’s Digest, § 6298; Kirby & Castle’s Digest, § 7738-; 1 C. J. 215; 31 Ark. 643; 15 C. J. 74; 1 Boot (Conn.) 259; 9 Conn. 235; 2 N. H. 552; 23 A. & E. Ann.
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Appeal from Crawford Circuit Court; Jas. Cochran, Judge; The surety was not liable for costs accrued after the death of Miller. Kirby & Castle’s Digest, § 7740; Kirby’s Digest, § 6298; Kirby & Castle’s Digest, § 7738-; 1 C. J. 215; 31 Ark. 643; 15 C. J. 74; 1 Boot (Conn.) 259; 9 Conn. 235; 2 N. H. 552; 23 A. & E. Ann. Cas. 1037; 110 Ark. 317; 3 Id. 136; 11 Id. 675; 1 Hill (S. C.) 41; 115 Mass. 26; 79 Fed. 408; L. B. A. (N. S.) 1917-B 990. The surety was liable on the bond for costs. The bond remained in full force until the case was finally disposed of. Kirby’s Digest, § 6298; Kirby &…
1Opinion of the CourtMcCTJLLOCH, C. J.
Adam Miller instituted ten separate actions at law against the St. Louis, Iron Mountain & Southern. Eailway Company in the circuit court of Crawford County to recover for damages to certain consignments of peaches. Miller was not a resident of the State, and gave bond for costs with appellants, United States Fidelity & Guaranty Company, as surety, in compliance with the statute, which reads as follows:
“A plaintiff who is a non-resident of this State, or a corporation other than a bank created by the laws of this State, before commencing an action shall file in the clerk’s office a bond, with…
2Cases cited2 opinions
- Ryan v. WilliamsSupreme Court of Kansas · 1883
- Vandiever v. CondittSupreme Court of Arkansas · 1913