Koplin Iron Co. v. Jaffe

1. Garnishment 247 — Dissolution Bond —Enforcement—Remedy. Where judgment was not rendered against surety on garnishment dissolution bond at time judgment was rendered in original action against principal on such bond, as required by Code 1907, § 4313, joining of such principal in independent action against surety on such bond was not improper.

Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by L. Jaffe against the Koplin Iron Company and another. Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 499, § 6. Suit fp-r the alleged breach of a garnishment dissolution bond executed by Koplin Iron Company, as principal, and Fidelity & Deposit Company of Maryland, as surety. In the case of Jaffe v. Koplin Iron Company, the plaintiff procured ancillary writs of garnishment to be issued and served upon divers corporations supposed to be indebted to said Koplin Iron Company; and the latter company — under the provisions of section 4313 of the Code of 1907 — executed bond, conditioned as required for the dissolution of garnishments, with the Eidelity & Deposit Company as surety on said bond. Judgment was rendered in the original suit in favor of Jaffe against the defendant, Koplin Iron Company ; hut at that time no judgment was rendered against the surety on the dissolution bond, as provided by the above section of the Code. Appellee (plaintiff) then brings this suit for recovery on said dissolution bond, making the Koplin Iron Company, as the principal obligor, a party defendant with the surety, Fidelity & Deposit Company of Maryland. Demurrers were interposed to the complaint, and overruled. The cause was submitted to the court without a jury upon agreed statement of facts in substance conforming with the above. Judgment was rendered in favor of plaintiff against defendants, from which judgment this appeal is prosecuted.