Davis v. Dickson
Supreme Court of Alabama
This was an action of debt in Franklin Circuit Court, in which “James Davis, Judge of the County Court of Franklin county, successor of William Lucas,” was plaintiff, and “Michael Dickson aud John Davis'7 were defendants, instituted in 1834, to recover on a bond made by Dickson as principal, and Davis and one Thomas, as his securities, dated in May 1830, payable to Lucas, as Chief Justice of .the County Court of Franldn county, and his successors in office, in tjie penalty…
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This was an action of debt in Franklin Circuit Court, in which “James Davis, Judge of the County Court of Franklin county, successor of William Lucas,” was plaintiff, and “Michael Dickson aud John Davis'7 were defendants, instituted in 1834, to recover on a bond made by Dickson as principal, and Davis and one Thomas, as his securities, dated in May 1830, payable to Lucas, as Chief Justice of .the County Court of Franldn county, and his successors in office, in tjie penalty of $30,000, conditioned, that Dickson, who bad been appointed guardian of Nancy Rogers, an infant, should well and truly…
1Opinion of the Court
By JUDGE TAYLOR.
The plaintiff in error is understood to insist, that the judgment below should be reversed for the following reasons, viz. 1st. There was no error in the writ, declaration or other proceeding below. 2d. The plea in abatement included all the ground taken on the motion to arrest the judgment, and the defendants submitted to the correctness of the decision on the demurrer to that plea, by pleading over, and thereby waiving., their right to any advantage on account of that error. 3d. In arresting the judgment, the Circuit Court revised and reversed its own decision, which had…
2Cited by3 opinions
- Herndon v. ForneySupreme Court of Alabama · 1842
- Mason v. McNeill's ExecutorsSupreme Court of Alabama · 1853
- Judge of Madison County Court v. LooneySupreme Court of Alabama · 1832