Ex parte Weissinger
Supreme Court of Alabama
Ex parte, Leonard A. Weissinger and James Crook. WeissiNGER and Crook represent, by the affidavit of the former, that a judgment was rendered against them at the last term of this Court, as the sureties of Samuel Child, in a bond for the prosecution of a writ of error, sued out to revise a judgment recovered in the County Court of Perry, against the latter, by William Johnson : that the judgment of this Court was rendered on motion, in the absence of the bond, upon the…
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Ex parte, Leonard A. Weissinger and James Crook. WeissiNGER and Crook represent, by the affidavit of the former, that a judgment was rendered against them at the last term of this Court, as the sureties of Samuel Child, in a bond for the prosecution of a writ of error, sued out to revise a judgment recovered in the County Court of Perry, against the latter, by William Johnson : that the judgment of this Court was rendered on motion, in the absence of the bond, upon the presentation of the certificate. The bond, it is insisted, is defective, and a motion is now submitted to vacate the…
1Opinion of the CourtCollier, C. J.
— It is provided by the act of 1820, in connection with the statute of 1S14, that in order to suspend a judgment in a case in which a writ of error has been issued, the party applying for the writ shall execute a bond, with sufficient security to the adverse party, to be approved by the clerk; conditioned for prosecuting the writ of error to effect, and to pay and satisfy the judgment which shall be rendered in the cause by the Supreme Court. Further,.the clerk shall send an attested copy of the bond to the Supreme Court,'with the transcript of the record; and in case of dismission or…
2Cases cited1 opinion
- People ex rel. Jewett v. Monroe Common PleasNew York Supreme Court · 1830
3Cited by4 opinions
- Palmer v. VanceCalifornia Supreme Court · 1859
- Meredith v. RichardsonSupreme Court of Alabama · 1846
- Johnson v. WilliamsSupreme Court of Alabama · 1930
- State Ex Rel. Biggs v. HigbeeSupreme Court of Alabama · 1931