Steele v. Tutwiler
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Luther R. Smith. This action was brought by Henry A. Tutwiler, against A. S. Steele, John J. Steele, and Robert Harkness; was commenced on the 31st August, 1877, and was founded on a penal bond executed by the defendants, which was in the following form: “ Know all men by these presents, that we, Andrew S. Steele as principal, and John J. Steele and Robert Harkness as sureties, are held and firmly bound unto H.…
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Appeal from the Circuit Court of Greene. Tried before the Hon. Luther R. Smith. This action was brought by Henry A. Tutwiler, against A. S. Steele, John J. Steele, and Robert Harkness; was commenced on the 31st August, 1877, and was founded on a penal bond executed by the defendants, which was in the following form: “ Know all men by these presents, that we, Andrew S. Steele as principal, and John J. Steele and Robert Harkness as sureties, are held and firmly bound unto H. A. Tutwiler, in the sum of one thousand dollars; for the payment of which,” (fee., in the usual form.' “The condition of…
1Opinion of the CourtStone, J.
When an appeal is taken to this court from a judgment or decree for the payment of money, rendered by a court of original jurisdiction, and the design is to suspend execution by a supersedeas, the statute has, in terms, prescribed the condition of the bond to be given. It is, “ to prosecute the appeal to effect, and t<5 satisfy, such judgment as the Supreme Court may render in the premises.” — Code of 1876, § 3927. Such bond suspends execution, until the *371judgment of this court is pronounced. This condition is plain and unambiguous. If this court reverse the judgment of the court below, and…
2Cases cited11 opinions
- United States v. KnightSupreme Court of the United States · 1840
- Bein v. HeathSupreme Court of the United States · 1852
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- Mackay v. DodgeSupreme Court of Alabama · 1843
- Ellis v. BibbSupreme Court of Alabama · 1829
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miller v. VaughanSupreme Court of Alabama · 1884
- Caldwell v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1921
- Greenfield v. PowellSupreme Court of Alabama · 1930
- Wheeler v. FullerAlabama Court of Appeals · 1912
- Leech v. KarthausSupreme Court of Alabama · 1902
3 more not listed; retrieve them via the Exa API.