Collins v. Baldwin & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried, before the Hon. J. M." Carmichael.- • The appellees, D. H. Baldwin and others, composing the firm of L. H. Baldwin & Co., sued S. E . Collins on a promissory note, and in aid of the suit sued out a writ of a garnishment, which was served upon two fire insurance companies as garnishees. Thereupon the defendant executed a bond to dissolve the garnishment, with H. C. Tompkins and Alex.
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Appeal from the Circuit Court of Bullock. Tried, before the Hon. J. M." Carmichael.- • The appellees, D. H. Baldwin and others, composing the firm of L. H. Baldwin & Co., sued S. E . Collins on a promissory note, and in aid of the suit sued out a writ of a garnishment, which was served upon two fire insurance companies as garnishees. Thereupon the defendant executed a bond to dissolve the garnishment, with H. C. Tompkins and Alex. Troy as sureties, and conditioned “for the payment of the amount of such judgment as may be rendered against the garnishees in such proceedings, and the cost…
1Opinion of the CourtBrickell, C. J.
An appeal must be taken in the name of the parties against whom the final judgment or decree is rendered, and the certificate of appeal should show when and by whom it was taken. If the certificate properly describes the case in which the judgment was rendered,' and the relation of the parties to it, a statement that the plaintiffs or the defendants, against whom the judgment was rendered, sued out an appeal, would be sufficient, without reciting their names. The record discloses a judgment rendered against several; and the certificate of appeal states that the appeal was taken by the…
2Cases cited3 opinions
- Guilford v. Reeves & Co.Supreme Court of Alabama · 1893
- Balkum v. ReevesSupreme Court of Alabama · 1893
- Balkum v. StraussSupreme Court of Alabama · 1893
3Cited by3 opinions
- A. Klipstein & Co. v. Allen-Miles Co.Court of Appeals for the Fifth Circuit · 1905
- Carpenter, Baggett & Co. v. MillerAlabama Court of Appeals · 1911
- Yeager v. SelfSupreme Court of Alabama · 1898