Wood v. Coman
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried, before tbe Hon. W. B. Wood. This action was brought by Gulielmus Wood, who sued for the use of Samuel Matthews and others, against Joshua P. Coman and William H. Walker; was commenced on the 17th April, 1872, and was founded on a penal bond, which was in the following words: “ Know all men by these presents, that we, Hugh McCrea & Co. of Nashville, Tennessee, James P. Coman, and William H. Walker, are held and firmly bound…
Read the full summary
Appeal from the Circuit Court of Limestone. Tried, before tbe Hon. W. B. Wood. This action was brought by Gulielmus Wood, who sued for the use of Samuel Matthews and others, against Joshua P. Coman and William H. Walker; was commenced on the 17th April, 1872, and was founded on a penal bond, which was in the following words: “ Know all men by these presents, that we, Hugh McCrea & Co. of Nashville, Tennessee, James P. Coman, and William H. Walker, are held and firmly bound unto Gulielmus Wood, in the sum of twelve thousand dollars; for the payment of which, well and truly to be made, we and…
1Opinion of the CourtStone, J.
We think the judgment in this cause must be regarded as final. It was a final disposition of the cause, under section 2759 of the Devised Code. The judgment entry unnecessarily contains the words, “ unless the Supreme Court shall reverse the ruling of this court, and set aside said nonsuit.” The nonsuit had put the case out of the court; and, after-the adjournment of the term, the Circuit Court no longer had jurisdiction of the cause. The added clause seems to have had only the aim — it certainly had only the effect — of anticipating what would be the result, if this court should reverse the…
2Cases cited18 opinions
- Green's Administratrix v. CreightonSupreme Court of the United States · 1860
- Peale v. PhippsSupreme Court of the United States · 1853
- McNeill's Adm'r v. McNeill's CreditorsSupreme Court of Alabama · 1860
- Davis v. PackardCourt for the Trial of Impeachments and Correction of Errors · 1830
- Respublica v. CobbetSupreme Court of the United States · 1798
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Gentry v. Swann Chemical Co.Supreme Court of Alabama · 1937
- Colorado Eastern Ry. Co. v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1899
- Ex parte MartinSupreme Court of Alabama · 1913
- Prine v. American Central Ins.Supreme Court of Alabama · 1911
- Carter v. City of GadsdenSupreme Court of Alabama · 1955
20 more not listed; retrieve them via the Exa API.