JOSEPH HULL ET AL., APPELLANTS,
v.
A. E. BURR, TRUSTEE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court addressed whether the cost of a supersedeas bond premium could be taxed as costs under Section 2789 of the General Statutes of 1906. The court held that the statute applies only to bonds given by fiduciaries, not to supersedeas bonds in appellate proceedings.
The court held that Section 2789 applies only to bonds required by law to be given by fiduciaries (such as receivers, trustees, guardians, executors, and administrators), and does not authorize the taxation of costs for supersedeas bonds in ordinary litigation.
“the context of the section manifests an intention to make the entire section relate only to cases where fiduciaries are required by law to give a bond”
Establishes that the statute's scope is limited to fiduciary bonds, not all bonds including supersedeas bonds
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJoseph Hull and others sought to have the amount paid to a surety company for a supersedeas bond taxed as costs in their case. The surety company had …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Legislative Intent cases and more on FLexlaw
Per Curiam.
— A motion to have taxed as costs in this case the amount paid a surety company for a supersedeas bond on the ground that it is authorized by Section 2789, of the General Statutes of 1906, was denied, and counsel for the motion request the court to give its reasons for the denial of the motion, so that it may be a guide in future litigation.
The statute under which the motion was made is Chapter 4716, Acts of 1S99, entitled “An 'Act Providing for the Payment of Premium on Bonds by Trustees and Others Out of Trust Fund, and Allowing the Same as Costs.
Be it Enacted T)y the Legislature of the State of Florida:
Section 1. Any receiver, assignee, trustee, committee, guardian, executor, or administrator, or other fiduciary required by law to give bond as such, may include as part of his lawful expenses such reasonable sum paid such a company for such suretyship not exceeding one per centum per annum on the amount of said bond, as the head of department, board, court, judge or officer by whom, or the court or body by which he was appointed allows; and in all actions or proceedings the party entitled to recover costs may include therein such reasonable sum as may have been paid such company executing or guaranteeing any bond or undertaking therein.”
This section is now Section 2789, of the General St<*^ utes of 1906, without change. The title to the original Act limits it to bonds given by fiduciaries, and there is nothing in its reproduction in the General Statutes to indicate that a broader effect was intended to bé given to the statute. On the contrary, the context of the section manifests an intention to make the entire section relate only to cases where fiduciaries are required by law to give a bond.
Rehearing denied.
All concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hull v. Burr, 64 Fla. 83 (Fla. 1912)…Taylor, J. This is the fifth appearance of this cause in this court. See 58 Fla. 432, 50 South. Rep. 754; 61 Fla. 625, 55 South. Rep. 852; 62 Fla. 499, 56 South. Rep. 673; 63 Fla. 440, 57 South. Rep. 616. In the case as reported in 58 Fla. 432, 50 South. Rep. 754, will he found a full statement of the original and amended hill of complaint filed by Arthur E. Burr as trustee in Bankruptcy of the Port Tampa Phosphate Company, again…