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U.S. Supreme Court

Fidelity & Deposit Co. v. L. Bucki & Son Lumber Co., 189 U.S. 135 (1903)

Fidelity & Deposit Co. v. L. Bucki & Son Lumber Company

No. 220

Argued March 20, 1903

Decided April 6, 1903

189 U.S. 135


Where it has been declared by the highest court of a state that liability for counsel fees is a part of the obligation assumed by the obligor in an attachment bond, such liability should be enforced in every court in which an action on such bond is brought. Where a liability can be enforced in the state court in which an action is originally brought, that liability cannot be taken away by removing the case to a federal court.

Where, as the result of an attachment against a lumber company, there was an interruption of business for a certain time, and the plaintiff in the action thereafter refused to deliver materials to the lumber company, the sureties on the attachment bond are liable for tile damages directly attributable to attachment, but not for any of the damages caused by the plaintiff's failure to deliver materials or for the reflection on the credit of the lumber company by the bringing of the action in which the attached bond was given.

A postponement or continuance is largely within the discretion of the court, and unless such discretion is shown to have been abused, there is no ground for reversal in a refusal to postpone.

On October 1, 1897, the Atlantic Lumber Company commenced two actions at law in the Circuit Court of Duval County, Florida, against The L. Bucki & Son Lumber Company. In each of these actions, a writ of attachment was issued, the Fidelity & Deposit Company of Maryland being the surety on the attachment bonds. Both of the attachments were dissolved. Soon after such dissolution, the Bucki Company brought the present action against the Fidelity Company upon the attachment bonds. The action was commenced in the Circuit Court of Duval County, Florida, but subsequently removed to the United States Circuit Court for the Southern District of Florida. On a trial in that court, the Bucki Company obtained a judgment which by Court of Appeals of the Fifth Circuit was modified, and, as modified, affirmed. 109 chanroblesvirtualawlibrary

Page 189 U. S. 136

F. 393. Subsequently thereto, each of the parties obtained a writ of certiorari from this Court. 184 U.S. 698.

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