Rhodes v. Auld
Court of Appeals of Kansas
Error from Marshall District Court, Hon. R. B, Spilman, Judge. This was an action brought in the District Court of Marshall County by J. B. Auld against T. F. Rhodes on an injunction bond executed by Rhodes as surety for James S. Warden, in an action in said court wherein Wax-den was plaintiff and Auld, and Haskin as sheriff, were' defendants.
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Error from Marshall District Court, Hon. R. B, Spilman, Judge. This was an action brought in the District Court of Marshall County by J. B. Auld against T. F. Rhodes on an injunction bond executed by Rhodes as surety for James S. Warden, in an action in said court wherein Wax-den was plaintiff and Auld, and Haskin as sheriff, were' defendants. In March of 1877, Auld, the defendant in error, as plaintiff below, commenced an action in the District Court of Marshall County against Mary A. Jones and J. W. Jones, James S. Warden, and The First National Bank of Frankfort, Kan., to recover one…
1Opinion of the CourtGarver, J.
The main contention in this case is as to the extent of the liability of Rhodes upon the bond, and the measure of the damages recoverable thereon. In considering this question, it is necessary to bear in mind that a surety is favorably regarded in law, and *228that his liability cannot be extended beyond the express terms of his agreement. Under this rule, as applied to the undisputed facts, we think it clear that Rhodes, as surety for Warden in the injunction proceedings, did not incur the liability for which he was held by the court. By the giving of the injunction bond, the custody of the…
2Cited by1 opinion
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