Legal Opinion

Garrott v. Fuller

Supreme Court of Alabama

Decided January 15, 1860PublishedCited by 4 opinions

Appeal from the Circuit Court of Perry. The record does not show the name ot the presiding judge. This was an action of detinue, instituted by Thomas H. Nelms, as the administrator of Alfred Fuller, deceased, against Elijah W. Fuller and others. The plaintiff made the affidavit, and gave the statutory bond, with I. W. Garrott and ¥m.

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Appeal from the Circuit Court of Perry. The record does not show the name ot the presiding judge. This was an action of detinue, instituted by Thomas H. Nelms, as the administrator of Alfred Fuller, deceased, against Elijah W. Fuller and others. The plaintiff made the affidavit, and gave the statutory bond, with I. W. Garrott and ¥m. M. Brooks as his sureties, to obtain the possession of the property.' At the return term of the summons, the plaintiff dismissed his suit; and the court thereupon rendered judgment for the costs against him and his sureties. From this judgment the sureties now…

1Opinion of the CourtA. J. Walker, C. J.

There is no statute in this State, authorizing the. summary judgment for costs which was rendered against the sureties on the detinue bond. The judgment must, therefore, be reversed as to the sureties, but must stand so far as the plaintiff in the action is concerned; and the cause will not be remanded.

2Cited by4 opinions

  1. Clark v. ColbertSupreme Court of Alabama · 1880
  2. Eslava v. FarleySupreme Court of Alabama · 1882
  3. Kalb-Glibert Lumber Co. v. CramWashington Supreme Court · 1910
  4. Clifton v. GayAlabama Court of Appeals · 1926

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