Vaughan v. Higgins
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Tried before Hon. H. D. Clayton. R. T. Higgius, “as receiver of S. A. & D, Williams,”'the appellee, having obtained a judgment against Thomas D. Hendricks and P. ft.
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Appeal from Coffee Circuit Court. Tried before Hon. H. D. Clayton. R. T. Higgius, “as receiver of S. A. & D, Williams,”'the appellee, having obtained a judgment against Thomas D. Hendricks and P. ft. Grimes, before a justice of the peace, Hendricks removed the cause by certiorari to the Circuit Court of Coffee county, executing bond, with A. Yaughan, the appellant, as his surety, conditioned, that “if the said Thomas D. Hendricks shall prosecute the said writ of certio-rari to effect, or failing therein shall pay and satisfy the judgment which shall be rendered by said Circuit Court, then the…
1Opinion of the CourtSomeryille, J.
Where a judgment is rendered against several defendants in the circuit court, an appeal to this court from such judgment should be taken in the name of all of the parties defendant and not in the name of one of them alone. In such cases, the certificate of the clerk of the court below should show, that the appeal was taken by the party actually applying for it, in the name of all, and the bond should be conditioned for the prosecution of the appeal generally, and not for the prosecution of a separate appeal by one of the parties.—Moore v. McGuire, 26 Ala. 461. If any of the parties aggrieved…
2Cases cited9 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
- Ford v. Tinchant & BrotherSupreme Court of Alabama · 1873
- Kennedy v. YoungSupreme Court of Alabama · 1854
- Moore c. McGuireSupreme Court of Alabama · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Wilder v. BushSupreme Court of Alabama · 1917
- Sellers v. SmithSupreme Court of Alabama · 1904
4 more not listed; retrieve them via the Exa API.