Cahall v. Citizens' Mutual Building Ass'n
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. "Wm. E. Clarke. This action was brought by the appellee, a domestic corporation, against Green B. Cahall and others; and was founded on an appeal bond executed by said defendants, which was dated the 29th January, 1878, and conditioned as follows : “ The condition of the above obligation is such, that whereas the above-bound Green B. Cahall applied for and obtained an appeal, returnable to the June term, 1878, of…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. "Wm. E. Clarke. This action was brought by the appellee, a domestic corporation, against Green B. Cahall and others; and was founded on an appeal bond executed by said defendants, which was dated the 29th January, 1878, and conditioned as follows : “ The condition of the above obligation is such, that whereas the above-bound Green B. Cahall applied for and obtained an appeal, returnable to the June term, 1878, of the Supreme-Court of Alabama, to supersede and reverse a judgment recovered by the said Citizens’ Mutual Building…
1Opinion of the CourtBb.ickell, C. J.
— The first proposition pressed by the appellants for the reversal of the judgment is, that the terms of the bond embrace Only damages resulting from the appeal, and not damages resulting from the stay or suspension of execution of the judgment pending' the appeal. This seems to us too narrow, and rather an illiberal construction of the condition of the bond, which is for the payment “of all costs, and such damages as the plaintiff may sustain by reason of this appeal.” These wprds contemplate security and indemnity to the plaintiff against all damages resulting to him from the appeal and its…
2Cases cited2 opinions
- Drake v. WebbSupreme Court of Alabama · 1879
- Zeigler v. DavidSupreme Court of Alabama · 1853
3Cited by6 opinions
- Miller v. VaughanSupreme Court of Alabama · 1884
- Burton v. HenrySupreme Court of Alabama · 1890
- Johnson v. HesselSupreme Court of Pennsylvania · 1890
- Dempsey Ex Rel. Steverson v. GaySupreme Court of Alabama · 1933
- State Ex Rel. Imperial Colliery Co. v. WhittWest Virginia Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.