Kysar & Downs v. Growney
Kysar & Downs v. Growney
Opinion of the Court
This is a suit on' a bond for costs. The petition recites that on the 9th day of October, 1901, one George W. Stump began a suit in the Nodaway Circuit Court against the plaintiffs herein as defendants; that, afterwards, he was required to give a bond for security of costs in the case; that he gave such bond with the defendants herein as his sureties, wherein they undertook to secure plaintiffs herein, as such defendants, in said suit for all costs that had accrued or might accrue in said cause and which might be adjudged against plaintiff therein. The petition further recites that the cause, after one continuance, was
It is insisted by defendants that the petition does not state a cause of action. But, under the ruling of Cranor v. School District, 151 Mo. 119 and the same case in the 81 Mo. App. 152, we think the petition is sufficient. In that case, it is held: “Where the statute says that The party prevailing shall recover costs,’ it means the costs incident to the suit and judgment therefor is as much his as the judgment for any other sum that may be awarded in his favor.” As we understand the ruling, plaintiff is entitled to a judgment for all costs which he has made, which, by a fiction of law, is treated as laid out and expended or, in other words, as paid. The defendants, having executed the bond for costs, became liable therefor, and plaintiffs here Avere entitled to a judgment against them when the former case Avas determined. [Schawacker v. McLaughlin, 139 Mo. 333; Cranor v. School District, 81 Mo. App. 152.] There were some costs included in the judgment that did not go to these plaintiffs, but, as they are not put in issue by the pleadings, cannot be inquired into by us.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.