Day v. McPhee
Supreme Court of Colorado
Appeal from the District Court of Weld County. Hon. Christian A. Bennett, Judge. Action by Charles D. McPhee and John J. Mc-Ginnity, co-partners as McPhee & McGinnity, against William E. Day on an appeal bond, and to the latter’s cross-complaint George E. Boss-Lewin, by order of court, was made a party to the action. Prom judgment for plaintiffs, defendant appeals.
1Opinion of the CourtJustice Gabbert
The question presented by this appeal is the liability of appellant as surety on an appeal bond upon which suit was commenced against him by the appellees, McPhee & McGinnity. In the complaint filed by these appellees in their action on the bond, it is alleged that they obtained a judgment in the dis*471triet court of Arapahoe county against J. B. Hindry for a specified sum; that Hindry appealed from this judgment to the court of appeals; that, pursuant to an order of that tribunal, Hindry filed an appeal bond, upon which appellant and another were sureties, conditioned for the payment of the…
2Cases cited9 opinions
- Shannon v. DodgeSupreme Court of Colorado · 1893
- Davis v. PatrickCourt of Appeals for the Eighth Circuit · 1893
- Steinhauer v. ColmarColorado Court of Appeals · 1898
- Anderson v. SloanSupreme Court of Colorado · 1872
- Pollard v. LathropSupreme Court of Colorado · 1888
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3Cited by5 opinions
- Albertsworth v. Glens Falls Indemnity Co.California Court of Appeal · 1948
- Conroy v. CoverSupreme Court of Colorado · 1926
- Southwestern Surety Ins. Co. v. KingSupreme Court of Oklahoma · 1918
- Bosworth v. GarwoodSupreme Court of Colorado · 1926
- Conroy v. CoverSupreme Court of Colorado · 1926