Fidelity Deposit Company of Maryland v. Bucki & Son Lumber Company

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 the court of appeals of the fifth circuit was modified, and, as modified, affirmed. 48 C. C. A. 436, 109 Fed. 393. Subsequently thereto, each of the parties obtained a writ of certiorari from this court. 184 U.S. 698, 46 L. ed. 64, 22 Sup. Ct. Rep. 946.

Messrs. Richard H. Liggett and Winfield Liggett for the Fidelity & Deposit Company.

Messrs. H. Bisbee and George C. Bedell for L. Bucki & Son Lumber Company.

Mr. Justice Brewer delivered the opinion of the court: