THE FLORIDA ORANGE HEDGE FENCE COMPANY, PLAINTIFF IN ERROR,
v.
A. G. BRANHAM & CO. DEFENDANTS IN ERROR

Fla. | 1893-06-01
32 Fla. 289 Florida Supreme Court (1893) Positive Treatment
Cited by 4 cases
Opinion of the Court
Raney, C. J. :

Raney, C. J. :

Defendants in error move to vacate the supersedeas on the ground that the sureties, J. H. Smith and C. A. Boone, on the supersedeas bond filed herein have become insolvent since the aproval of such bond. The affidavits filed in support of the motion establish the alleged change in the condition of the sureties; and under the circumstances the defendants in error are entitled to have the protection of new and solvent sureties, and unless the plaintiff in error shall within fifteen days file another bond properly conditioned, with good and sufficient sereties according to law, an order will be made vacating the supersedeas. Williams vs. Claflin, 103 U. S., 753; Jerome vs. McCarter, 21 Wall., 17.

It will be ordered accordingly.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Otto C. Stegemann v. Emery, 103 Fla. 735 (Fla. 1931)
    …determine the question involved would require us to make a determination of fact concerning which the resident Circuit Judge and the local Clerk of the Circuit Court are in a better position to decide. In Florida Orange Hedge Fence Co. v. Branham, 32 Fla. 289, 13 So. 281, this Court held that where the sureties on a supersedeas bond become insolvent after the approval of the bond the plaintiff in error will be required to file a new bond with good and sufficient sureties within a time to be limited by th…
  • Voyle C. Johnson and Mary Howland v. James H. Price & Co., Inc., 235 So. 2d 763 (Fla. 3d DCA 1970)
    …lf for a greater liability than that provided for initially by the supersedeas bond, such as could result from further depreciation in value of the stock prior to the end of the period of the appeal. . See Florida Orange Hedge Fence Co. v. Branham, 32 Fla. 289, 13 So. 281; Edgerton v. West, 38 Fla. 338, 21 So. 278; Stegemann v. Emery, 103 Fla. 735, 137 So. 888.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw