Sewall v. Franlin
Supreme Court of Alabama
This case, was an action of debt, brought by Se-wall, against the defendants in error, in the Circuit Court of Mobile. The cause of action was a bond executed ¡by defendants, and made payable to the said Sewall, conditioned, for the return of certain property to one Bates, sheriff of Mobile, or for the payment of such judgment as should be rendered in a certain attachment cause, under which, the goods had been taken.
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This case, was an action of debt, brought by Se-wall, against the defendants in error, in the Circuit Court of Mobile. The cause of action was a bond executed ¡by defendants, and made payable to the said Sewall, conditioned, for the return of certain property to one Bates, sheriff of Mobile, or for the payment of such judgment as should be rendered in a certain attachment cause, under which, the goods had been taken. It appeared, that Bates, the sheriff, had attached the goods, as of the property of one Stowe, at the suit of Sewall; and had delivered them to the defendants, and taken the…
1Opinion of the Court
By Mr. Chief Justice Safford :
This was an action of debt, founded on a bond in the penal sum- of twenty-eight thousand dollars, payable to the plaintiff'; and conditioned, that whereas, said plaintiff had obtained an attachment in his-favor, against the estate of Daniel Stowe, in the sum of fourteen thousand dollars, and which had been levied by James P. Bates, sheriff of Mobile county, on certain goods therein specified; therefore, if the ob-ligors should well and truly return, and cause to be returned to the said Janies P. Bates, as sheriff aforesaid, the specified property, by him attached…
2Cases cited4 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Adkins v. AllenSupreme Court of Alabama · 1827
- Scott v. HornsbyCourt of Appeals of Virginia · 1797
3Cited by7 opinions
- Barbour County v. HornSupreme Court of Alabama · 1867
- Kinney v. MallorySupreme Court of Alabama · 1842
- Munter & Faber v. ReeseSupreme Court of Alabama · 1878
- Simmons v. SharpAlabama Court of Appeals · 1911
- Kirk v. MorrisSupreme Court of Alabama · 1866
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