Lloyds Casualty Insurer v. Farrar

Mr. Chief Justiee Alexander,

dissenting.

I do not believe that Lloyds Casualty Insurer is liable on the bond here sued on, for the simple reason that the purpose supersedeas bond was never accepted as such.

The purported bond was executed for the purpose of superseding a judgment theretofore recovered by Mowery and others against Southern Underwriters, but when it was tendered to the Clerk of the Court of Civil Appeals for that purpose said Clerk refused to accept and approve the bond. A motion for leave to file a petition for mandamus to require the Clerk to approve the bond was then filed in…