Obertino v. Fidelity Coal Mining Co.

Citations

• 87 Kan. 297
• 124 P. 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cost Bond — No Obligee — Irregular—Not Invalid. A cost bond for a fixed amount in which, after naming the parties plaintiff and defendant, the obligors undertake to pay the costs of the action upon substantially the conditions prescribed by the code is not invalid because an obligee is not named in the instrument.</p> <p>2. - When Cost Bond Deemed Approved. Where a clerk of the district court accepts and files such a bond without objection and issues a summons it will be deemed to be approved, in the absence of any evidence of the disapproval of that officer.</p> <p>3. -Same. Where a párty attempts to comply with the law in giving a cost bond and it is for any reason defective the cause should not be dismissed until the party is given an opportunity to give a proper bond or sufficient security of the kind required by the statute.</p>