Chewning v. Knight
Alabama Court of Appeals
Appeal from Circuit Court, Randolph County; S. L. Brewer, Judge. W. Y. Chewning, doing business in the name and style of the Chewning Grocery Company, sued W. H. Knight. From a judgment for defendant, plaintiff appeals.
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Appeal from Circuit Court, Randolph County; S. L. Brewer, Judge. W. Y. Chewning, doing business in the name and style of the Chewning Grocery Company, sued W. H. Knight. From a judgment for defendant, plaintiff appeals. The action was upon a bond given by Wyatt Bass, W. H. Knight, and another in an appeal taken by Wyatt Bass fr'om a. judgment rendered against him in favor of Chewning, doing business, etc., in the justice court of M. H. Radney, the breach of which is alleged to be the failure to prosecute the appeal to effect, and to pay ,the costs and damages incident thereto. Defendant set…
1Opinion of the CourtBrown, P. J.
[1] The fact of the discharge in bankruptcy of the principal obligor on the appeal bond was not in and of itself a bar to this action, unless the discharge was successfully pleaded in the suit between Bass and Chewning in which the bond was given, thereby preventing the recovery of a personal judgment against Bass in the successful prosecution of his appeal. Young & Co. v. Howe et al., 150 Ala. 157, 43 South. 488.
[2, 3] Wlhile the defendant’s plea 3 does not show by its averments that the discharge was successfully pleaded in the action in which the bond was given, and was demurrable for that…
2Cases cited9 opinions
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Henley v. BushSupreme Court of Alabama · 1859
- Glenn v. City of PrattvilleAlabama Court of Appeals · 1916
- Sanders v. WallaceSupreme Court of Alabama · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Allison v. Fuller-Smith & Co.Alabama Court of Appeals · 1924
- Central of Georgia Ry. Co. v. FaustAlabama Court of Appeals · 1919
- Bevis v. GaySupreme Court of Alabama · 1925
- Central of Georgia Ry. Co. v. FaustAlabama Court of Appeals · 1919