Gibbs v. Frost
Supreme Court of Alabama
ERROR to the Chancery Court at Eutaw. The bill which was exhibited by the plaintiffs in error, charges .that the defendants in error obtained a judgment against one John Lunsford, upon which he was desirous to prosecute ?i writ of error to the Supreme Court, and obtain a supersedeas -thereon, and applied to the plaintiffs in error to become .his sureties to the writ of error bond.
Read the full summary
ERROR to the Chancery Court at Eutaw. The bill which was exhibited by the plaintiffs in error, charges .that the defendants in error obtained a judgment against one John Lunsford, upon which he was desirous to prosecute ?i writ of error to the Supreme Court, and obtain a supersedeas -thereon, and applied to the plaintiffs in error to become .his sureties to the writ of error bond. That pursuant thereto they with the said Lunsford signed the printed skeleton of a writ of error bond, in which the penalty, the parties, the judgment to be superseded, .and its amount, were left blank. That at the…
1Opinion of the CourtOrmond, J.
Several preliminary questions are presented, tvhich it will be proper to consider before entering on the merits of the case.
First — It is supposed by the counsel for the defendants in é'rror, that as this is a proceeding in Chancery, the liability df the plaintiffs in error will depend on different principles, from those which would govern if the question had been made at law. This view cannot be supported. The statute of this State has given to bonds, executed to supersede a judgmerit oh writ of error, and to many others of a kindred nature, upon forfeiture, the effect of a judgment. This…
2Cases cited4 opinions
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Woolley v. ConstantNew York Supreme Court · 1809
- Brooks v. HarrisonSupreme Court of Alabama · 1841
- Boardman v. GoreSupreme Court of Alabama · 1828
3Cited by14 opinions
- Shows v. SteinerSupreme Court of Alabama · 1911
- Colbert v. DanielSupreme Court of Alabama · 1858
- Donelson's Adm'rs v. PoseySupreme Court of Alabama · 1848
- Givens v. TidmoreSupreme Court of Alabama · 1845
- Ex parte KerwinNew York Supreme Court · 1828
9 more not listed; retrieve them via the Exa API.