Sheppard v. Melloy
Supreme Court of Alabama
Writ of Error to the Circuit Court of Covington. A writ of fieri facias was issued against the goods and chattels, &c. of Thomas Loyd and Josiah Jones, requiring to be made the sum of three hundred and seventy-seven dollars damages, and fifteen dollars and 18 3-4 cents costs, which the plaintiff in error had recovered against them- This fi. fa. was levied by the sheriff of Covington, on a negro boy as the property of Loyd ; thereupon Loyd executed a forthcoming bond, with…
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Writ of Error to the Circuit Court of Covington. A writ of fieri facias was issued against the goods and chattels, &c. of Thomas Loyd and Josiah Jones, requiring to be made the sum of three hundred and seventy-seven dollars damages, and fifteen dollars and 18 3-4 cents costs, which the plaintiff in error had recovered against them- This fi. fa. was levied by the sheriff of Covington, on a negro boy as the property of Loyd ; thereupon Loyd executed a forthcoming bond, with Melloy as his surety. The condition of this bond recites thefi. fa., as directing to be made the sum of three hundred and…
1Opinion of the CourtCollier, C. J.
We will consider this case upon the hypothesis, that the objections to the execution, as stated in the petition for a supersedeas, are all supported by the record. The forthcoming bond is certainly not drawn with technical accuracy, but it contains all the substantial requisites of the law. It describes the execution by the parties to it, the amount required to be made, the court from which it issued, the property levied on, and stipulates for its delivery to the sheriff on the next regular sale day, at the hour of twelve o’clock. The property of but one of the defendants in the fi. fa. was…
2Cases cited3 opinions
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Hopkins v. LandSupreme Court of Alabama · 1842
- M'Conkey v. GlenNew York Supreme Court · 1823
3Cited by4 opinions
- Shorter's Adm'r v. MimsSupreme Court of Alabama · 1851
- Deloach v. State BankSupreme Court of Alabama · 1855
- Huett v. NevinsSupreme Court of Alabama · 1951
- Riggs v. HatchU.S. Circuit Court for the District of Southern New York · 1883