White v. Connecticut General Life Insurance
White v. Connecticut General Life Insurance
Opinion of the Court
delivered the opinion of the Court:
Judgment in this case was rendered against the appellants,
, This bond recites that the principal and surety shall “answer all damages and costs.”
The appellee, the Connecticut General Life Insurance Company, moves to dismiss the appeal on the ground that only one of the appellants has appealed the case, without severance from the others.
The record reciting appeal by all. of the defendants in the judgment, the bond for costs executed by one of them is sufficient. Brockett v. Brockett, 2 How. 238, 240, 11 L. ed. 251, 252; Scrugqs v. Memphis & C. R. Co. 131 U. S. CCIV. Appx. and 26 L. ed. 741.
The contention that this bond shall be regarded as a supersedeas bond, by reason of the recital to answer for damages as well as for costs, is without merit. The bond fixed by the court was to secure the costs of the appeal, for which the sum of $100 was ample.
The insertion of the word “damages” in the bond was a clerical error, produced, doubtless, by the careless use of a printed blank. The execution of the judgment was not superseded by it, and could not havé been.
The motion is overruled, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.