United States v. Fidelity & Deposit Co. of Baltimore

December 11, 1931, appellant obtained a judgment against the Spokane International Railway Company for $21,529.65 and $764.53 costs. The railway company appealed from said judgment to this court. To effectuate the appeal, on motion of the appellant railway company, the trial judge, to meet the requirements of title 28 U.S.C. A. § 869, in allowing the appeal entered the further order: “It is further ordered that the defendant upon said appeal shall give a cost bond to be approved by the Clerk of this Court, in the sum of Three hundred dollars ($300.00).” The appellee became surety on the bond on appeal. The condition of the bond is that the railway company “shall prosecute its appeal to effect and answer all damages and costs if it fails to make said plea good, then the above obligation to be void, otherwise to remain in full force and virtue.” The judgment of the trial court was affirmed. Spokane International R. Co. v. U. S. (C.C.A.) 72 F.(2d) 440 . Upon demand for payment of the costs in the trial court, the surety, appellee herein, declined to pay and this action was commenced to recover $300, the amount of the bond, to apply on the cost entailed in the trial of the case. A…