People of Sioux County Neb v. National Surety Company

In view of the state court's construction of Comp. St. Neb. 1922, § 6193, county may recover from surety of insolvent depository full amount of its deposit after bank's insolvency, not exceeding amount of bond, even though such deposit exceeded 50 per cent. of authorized capital of depository, contrary to the statute.

In action against surety on bond of depository of county moneys, surety held liable for attorneys' fees, to be included in judgment, under Rev. St. U.S. § 914 (28 USCA § 724; Comp. St. § 1537), under provision for allowance of such fees as costs in Comp. St. Neb. 1922, § 7811, notwithstanding that costs in federal courts are regulated exclusively by Rev. St. U.S. §§ 823, 824 (28 USCA §§ 571, 572), since such allowance is not 'costs' in ordinary sense.

For purpose of fixing reasonable sum for attorney's fees, for which surety on bond of depository of county funds is liable in action on bond under Comp. St. Neb. 1922, § 7811, regard should be had for amount substantially involved.

Mr. Charles S. Lobingier, of Washington, D. C., and Mr. Edwin D. Crites, of Chadron, Neb., for petitioner.

Mr. Edwin G. Davis, of Washington, D. C., for respondent.

Mr. Justice STONE delivered the opinion of the Court.