Sheppard v. Shelton
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McXiNStry. This action was brought by E. B. Sheppard and C. B. Hopkinson, against James T. Shelton, and the sureties on his official bond as sheriff of Mobile county ; the complaint being in the following words: “ The plaintiffs claim of the defendant one thousand dollars, for the breach of the condition of a bond made by the defendants on the 4th day of August, 185S, payable to the State of Alabama, with…
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McXiNStry. This action was brought by E. B. Sheppard and C. B. Hopkinson, against James T. Shelton, and the sureties on his official bond as sheriff of Mobile county ; the complaint being in the following words: “ The plaintiffs claim of the defendant one thousand dollars, for the breach of the condition of a bond made by the defendants on the 4th day of August, 185S, payable to the State of Alabama, with condition as follows,” &c., (setting out the condition of the bond, in the usual form.) “And the plaintiffs say, that the…
1Opinion of the CourtR. W. Walker, J.
The appellant can take nothing by showing that the court improperly sustained the defendant’s demurrer to the original complaint. He waived his right to review that decision, by amending his complaint, and proceeding to trial upon it as amended. — Stallings v. Newman, 26 Ala. 300.
2. If it be admitted that the amended complaint stated a substantial cause of action, the plea interposed presented a full defense. — Code, § 2446.
3. In Smyth v. Tankersley, 20 Ala. 212, it was said by this court, that “ the sale by an officer, of the entire propert}? in goods owned by two jointly, under an execution…
2Cases cited7 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Hartshorn v. WilliamsSupreme Court of Alabama · 1857
- Stallings v. NewmanSupreme Court of Alabama · 1855
- Ladd v. HillSupreme Court of Vermont · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Daniel v. Owens & Co.Supreme Court of Alabama · 1881
- Hopkinson v. SheltonSupreme Court of Alabama · 1861
- Williams v. IveySupreme Court of Alabama · 1861
- Davis v. FleshmanSupreme Court of Pennsylvania · 1911
3 more not listed; retrieve them via the Exa API.