Shannon v. Abrams

Citations

• 98 Kan. 26
• 157 P. 449
• 1916 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — Recovery of Money — Amount Involved — Right of Appeal. Where an action is for the recovery of money only, the question whether the supreme court has jurisdiction to review the judgment at the instigation of the party ordered to pay it depends upon the amount, exclusive of costs, which the appellant is required to pay.</p> <p>2. Same. Under section 566 of the civil code, where the action is for the recovery of money only, the right of appellant to have his cause reviewed by the supreme court depends on the aggregate sum of money which he is required by the judgment to pay, and is not affected by the fact that the judgment is only the total of a series of judgments on separate counts, no one of which if considered independently would be for a sum large enough to confer jurisdiction for review by the supreme court.</p> <p>3. Same. W*here a plaintiff has acquired title to a number of outstanding claims against a defendant and his surety, and brings a single action thereon, setting up each claim in separately stated and numbered causes of action, each one of which is for a sum of money less than $100, and where the plaintiff prevails in the action and separate judgments are given on each count, and an aggregate judgment is awarded in his favor for a sum of money in excess of $100, section 566 of the civil code gives the defendant a right of appeal to the supreme court.</p> <p>4. Road-building Contract — Indemnity Bond — Liability of Surety Conif pany. Where contractors agree to build a road and to pay “for all labor and material and all other obligations or liabilities'incurred in the doing of the said work or performance of any of the things necessary hereunder,” and a surety company, for a valuable consideration, guarantees the performance of the contract, and where the contractors fail to pay the necessary and pertinent bills incurred by them in such undertaking, the surety company is liable thereon.</p> <p>5. Same — Accoun