Seaboard Air Line Railway v. Horton

Clark, 0. J.

Judgment in this case was affirmed on appeal, ’8 May, 1918, and was duly certified down. Subsequently, at August Term, 1918, of Union, the plaintiff in that case moved for judgment against the surety in accordance with the tenor of the supersedeas bond and for judgment against the railway company upon the certificate of the Supreme Court. This was opposed upon the grounds (1) that the surety was released from liability on the bond because of the fact that the railroads were placed under the control of the government, and the process could not be levied upon their property while…