Dothard v. Sheid
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before Hon. W. L. Whitlock. This was an action brought by James M. Sheid, the appellee, against William Dothard and G. C. Ellis, the appellants, and was founded on a bond executed for the purpose of obtaining an attachment, which was sued out of said court by Dothard against the appellee.
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Appeal from Calhoun Circuit Court. Tried before Hon. W. L. Whitlock. This was an action brought by James M. Sheid, the appellee, against William Dothard and G. C. Ellis, the appellants, and was founded on a bond executed for the purpose of obtaining an attachment, which was sued out of said court by Dothard against the appellee. After setting out the condition of the bond m haeo verba, the complaint proceeds as follows: “ And the plaintiff says the condition of the said bond has been broken by said defendants in this:' 1. Said attachment was wrongfully sued out; 2. Said attachment was…
1Opinion of the CourtSomeryille, J.
This is a suit on an attachment bond brought by the appellee against the appellants. A demurrer was interposed by the defendants in the lower court raising various objections to the sufficiency of the complaint.
The complaint, though very inartificially drawn, was' in substantial compliance with the form prescribed in the Code for suits on bonds with conditions. — Code, 1876, § 3009, p. 703. There w’as no necessity for any allegation that the defendants-refused to pay the amount of damages claimed. Nor was any averment necessary that the bond sued on had been approved by the elerk who issued…
2Cases cited12 opinions
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Bolling v. TateSupreme Court of Alabama · 1880
- Seay v. GreenwoodSupreme Court of Alabama · 1852
- Higgins v. MansfieldSupreme Court of Alabama · 1878
- O'Leary v. RowanSupreme Court of Missouri · 1860
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3Cited by17 opinions
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Irby v. WildeSupreme Court of Alabama · 1907
- Washington v. TimberlakeSupreme Court of Alabama · 1883
- Ebersole v. FieldsSupreme Court of Alabama · 1913
- A. C. Israel Commodity Co. v. Banco Do Brasil, S. A.New York Supreme Court · 1966
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