Crowder v. Morgan
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. II. C. SpeaKe. This action was brought by Mrs. Nannie A. Morgan and her infant children, suing by her as their next friend, against John M. Crowdér and Mrs. S. L. Davis; and was commenced on the 18th September, 1880. The action was founded upon a penal bond signed by the defendants jointly with the Piedmont and Arlington Life Insurance Company, for whom they were sureties, which was dated January 2d, 1877, and…
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Appeal from the Circuit Court of Madison. Tried before the Hon. II. C. SpeaKe. This action was brought by Mrs. Nannie A. Morgan and her infant children, suing by her as their next friend, against John M. Crowdér and Mrs. S. L. Davis; and was commenced on the 18th September, 1880. The action was founded upon a penal bond signed by the defendants jointly with the Piedmont and Arlington Life Insurance Company, for whom they were sureties, which was dated January 2d, 1877, and conditioned as follows : “ Whereas, lately, at a regular term of the Circuit Court of the United States for the Middle…
1Opinion of the CourtStone, J.
This is a suit upon an appeal bond, by which a judgment of a Circuit Court of the United States was carried to the Supreme Court, and there affirmed. The complaint has two counts; one claiming that the bond is a statutory supersedeas bond; the other, counting on it as a common-law obligation. Each count, however, is sufficient, if we treat the bond simply .as a common-law undertaking; and each assigns, as a special breach, that the appeal was not prosecuted to effect, and that the costs of appeal were not paid. To this extent, there can be no question that appellees were entitled to recover,…
2Cases cited8 opinions
- BUTCHERS'BENEVOLENT ASSOCIATION v. Crescent City Live-Stock Landing and Slaughter-House Co.Supreme Court of the United States · 1870
- Goddard v. OrdwaySupreme Court of the United States · 1877
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- Hudgins v. Kemp, Assignee, &C.Supreme Court of the United States · 1856
- Drake v. WebbSupreme Court of Alabama · 1879
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3Cited by2 opinions
- Leech v. KarthausSupreme Court of Alabama · 1902
- Lloyd v. StewartSupreme Court of Alabama · 1952