Gaut v. Beatty
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; E. C. Crow, Judge. Action by E. T. Beatty, wherein A. D. Gaut and others became defendant’s sureties on replevy bond. Judgment for plaintiff, and the sureties petitioned for supersedeas, which was denied, and they appeal. Transferred from Court of Appeals, under Acts 1911, p. 450, § 6.
1Opinion of the CourtSayre, J.
The appellants should have had relief on their motion for a supersedeas. Appellants, as sureties for the defendant in an attachment suit, executed a replevy bond. Judgment went against the defendant, and appellants allege in their amended petition for a supersedeas, to state its effect in brief, that “prior to the date when the said personal property so attached was to be delivered to the sheriff” they offered and tendered delivery, but were informed by the sheriff it was not necessary, that the bond was in process of being discharged by settlement of the judgment against defendant in the…
2Cases cited1 opinion
- Cobb v. ThompsonSupreme Court of Alabama · 1888
3Cited by5 opinions
- Campbell v. TuckerSupreme Court of Alabama · 1934
- Jaffe v. LeathermanSupreme Court of Alabama · 1933
- Campbell v. TuckerAlabama Court of Appeals · 1933
- Campbell v. TuckerAlabama Court of Appeals · 1933
- Campbell v. TuckerAlabama Court of Appeals · 1933