McCormick Harvesting Machine Co. v. Fisher

Citations

• 63 Kan. 199
• 65 P. 223

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Bond—Duty of Obligors. One who executes an ordinary bond in replevin is bound to cause the action in which it is given to be prosecuted to final judgment, and to that end must do all things necessary to maintain the standing of the plaintiffs in court and to keep the case pending until the same is finally determined.</p> <p>2. -Mevivoi — Obligors on Bond Estopped. Where the members of a copartnership execute with a surety a bond in replevin in which said firm is plaintiff, and thereafter and while said action is undetermined one of the members of said firm dies testate and an executrix is duly appointed, but does not, nor does the surviving partner or surety, apply to the court or take other steps to have such action revived in the name of such executrix or otherwise, and several years thereafter such action is dismissed and a new action is brought against such executrix, surviving partner, and surety, the defendants in the latter action are not relieved from their liability on the replevin undertaking on account of the non-revivor of the former action within one year after the appointment and qualification of such executrix, and they are es-topped from setting up such fact as a defense.</p>