Mabee Oil & Gas Co. v. Price

The question presented on this appeal is as to whether a surety on a cost bond, given by plaintiff at the commencement of an action, is liable for costs incurred on appeal to this court, where a judgment in favor of plaintiff is reversed on appeal and judgment thereafter rendered on the mandate in favor of defendant.

In February, 1942, John Thomas filed an action in the lower court against Mabee Oil & Gas Company, hereinafter referred to as appellant, for the recovery of a money judgment. N. J. Price, who will be referred to herein as appel-lee, signed plaintiff’s cost bond as surety. Thomas…