Files v. Davis

Citations

• 119 F. 1002
• 1903 U.S. App. LEXIS 5443

Syllabus

<p>1. Attachment Bond—Sureties—Liability.</p> <p>Rev. St. TJ. S. § 995 [tí. S. Comp. St. 1901, p. 711], provides that all money coming into the hands of an officer of the court must be deposited in the registry of the court; and section 996 [U. S. Comp. St. 1901, p. 711] provides for the manner of withdrawing the same. In attachment against several as partners, one of the defendants claimed sole ownership, and pleaded to the jurisdiction. Pending the proceedings the attached property was sold by order of court, and the proceeds deposited in the registry. The other defendants failing to defend, judgment was rendered against them. The attachment was sustained against all, and, as to the defendant who had filed the plea to the jurisdiction, the main action was continued. Without notice to him, the court ordered the money in the registry paid to the attaching plaintiff, which was done, and afterwards the plea to the jurisdiction was sustained. The attachment bond bound the sureties “to pay to the defendants all damages they or either of them may sustain by reason of the attachment if the order therefor is wrongfully obtained.” Held, that the sureties were only liable for the value of the attached property, less the proceeds of the sale, and not for the sum erroneously paid to the attaching plaintiff.</p>