Texas Co. v. Davidson

Citations

• 76 Fla. 475

Syllabus

<p>Where a garnishment bond is given to pay whatever sum is recovered against the defendant provided the plaintiff “shall ■prevail in the suit,” and the judgment for the plaintiff provides “that inasmuch as the defendant has been adjudged a bankrupt * * * since*the institution of this suit,, all proceedings on the execution when issued * * * are stayed as against said defendant,” the plaintiff having participated in the bankruptcy proceedings, and the execution of the judgment against the defendant having been stayed by the judgment itself, the plaintiff did not “prevail in the suit,” so as to make the sureties on the bond liable thereunder.</p>