National Surety Co. v. Fletcher
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. S. L. Brewer. Action by James H. Fletcher against the National Surety Company as surety upon a detinue bond given in tbe federal court. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. S. L. Brewer. Action by James H. Fletcher against the National Surety Company as surety upon a detinue bond given in tbe federal court. Judgment for plaintiff and defendant appeals. In the federal courts, attorney’s fees are not regarded as a part of the recoverable damages in a. suit on a bond given therein, and the same rule must be applied by the state court where suit is brought on such bond. — U. S. Rev. Stat. § 709; Tulloch v. Mulvane, 184 U. S. 497; Oelrichs v. Williams, 15 Wall. 211. The very judgment entry of the court precludes…
1Opinion of the Court
SOMERVILLE, J. —
In an action on a statutory detinue bond given by the plaintiff in a detinue suit unsuccessfully prosecuted by him in a federal court, the trial court ruled that reasonable counsel fees incurred by the defendant in defending that suit are recoverable by the obligee as an element of the damages covered by the bond. The bond was conditioned as required by section 3778 of the Code, viz., that if the plaintiff should fail in the suit he would pay the defendant all such costs and damages as he might sustain by reason of the wrongful compiaint. The propriety of this ruling is the…
2Cases cited14 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Cooke v. AverySupreme Court of the United States · 1893
- Bein v. HeathSupreme Court of the United States · 1852
- Fidelity & Deposit Co. v. L. Bucki & Son Lumber Co.Supreme Court of the United States · 1903
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3Cited by2 opinions
- National Surety Co. v. O'ConnellAlabama Court of Appeals · 1918
- Fidelity-Phenix Fire Ins. Co. of N.Y. v. MurphyAlabama Court of Appeals · 1938