Fidelity & Deposit Co. v. L. Bucki & Son Lumber Co.

Citations

• 189 U.S. 135
• 23 S. Ct. 582
• 47 L. Ed. 744
• 1903 U.S. LEXIS 1336

Syllabus

<p>Where it has been declared by the highest court of a State that liability for counsel fees is a part of the obligation assumed by the obligor in an attachment bond, such liability should be enforced in every court in which an action on such boud is brought. Where a liability can be enforced in the state court in which an action is originally brought that liability cannot ' be taken away by removing the case to a Federal court.</p> <p>Where as the result of an attachment against a lumber company there was an interruption of business for a certain time, and the plaintiff in the action thereafter refused to deliver materials to the lumber company, the sureties on the attachment bond are liable for the damages directly attributable to attachment, but not for any of the damages caused by the plaintiff's failure to deliver materials or for the reflection on the oredit of the lumber company by the bringing of the action in which the attached bond was given.</p> <p>A postponement or continuance is largely within the discretion of the court, and unless such discretion is shown to have been abused there is no ground for reversal in a refusal to postpone.</p>