Miller v. Garrett
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by William J. Garrett, Caswell Garrett, and Charity Garrett, wife of the said Caswell, against Joseph M. Miller, W. R. R. Wyatt, B. E. Davis, and Eranklin Burbridge, and was founded on a detinue bond, which was in the following words : “Know all men, by these presents, that we, Joseph M. Miller, and W. R. R. Wyatt, B. E. Davis, and E. Bur-bridge, are held and firmly bound unto…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by William J. Garrett, Caswell Garrett, and Charity Garrett, wife of the said Caswell, against Joseph M. Miller, W. R. R. Wyatt, B. E. Davis, and Eranklin Burbridge, and was founded on a detinue bond, which was in the following words : “Know all men, by these presents, that we, Joseph M. Miller, and W. R. R. Wyatt, B. E. Davis, and E. Bur-bridge, are held and firmly bound unto Charity Garrett, Caswell Garrett and William J. Garrett, in the sum of $1600; for the payment of which, we bind…
1Opinion of the CourtA. J. Walker, C. J.
The proper parties plaintiff, in an action upon a penal bond, are the obligees, notwithstanding they may have severally sustained distinct injuries. Gayle v. Martin, 3 Ala. 593 ; Boyd v. Martin, 10 ib. 700. And if one of the obligees be the wife of another, she may be joined as a plaintiff with her husband. — Pickens v. Oliver, 29 Ala. 528 ; Jordan v. Hubbard, 26 Ala. 238. The above stated principles are conclusive, to show that the court did not err in refusing those charges which assume that a recovery could not be had in this action for damages sustained exclusively by one or a partof the…
2Cases cited6 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Garrett v. LoganSupreme Court of Alabama · 1851
- Skinner v. Bedell's Adm'rSupreme Court of Alabama · 1858
- Gayle v. MartinSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Culver v. HillSupreme Court of Alabama · 1880
- Wittich v. O'NealSupreme Court of Florida · 1886
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
5 more not listed; retrieve them via the Exa API.