Reynolds v. Cox
Supreme Court of Alabama
Appeal from- Geneva -Circuit-Court. . Tried before Hon. J. W.'.Foster. This cause grew out of a suit by McKermon .:'&;'I)artiel against appellee/- brought originally in; 'a justice’s court and carried by said McKennon & Daniel to the circuit court by appeal. Appellant was surety on this appeal bond.
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Appeal from- Geneva -Circuit-Court. . Tried before Hon. J. W.'.Foster. This cause grew out of a suit by McKermon .:'&;'I)artiel against appellee/- brought originally in; 'a justice’s court and carried by said McKennon & Daniel to the circuit court by appeal. Appellant was surety on this appeal bond. On April 25, 1891 McKennon & Daniel brought an action in a justice’s court against appiellee. which said firm carried said case, by appeal, to the circuit court, in which court, at the Spring term, 1894, thereof, the said McKennon & Daniel took a non-suit. Appellant was surety on the appeal bond…
1Opinion of the CourtHead, J.
To justify an appellate court in rendering a summary judgment against sureties upon an obligation, executed as and for an appeal bond, it is not si Sa-cien t that the obligation be good merely as a common law bond, it must be in substantial compliance with the terms of the statute. — State v. City *278Council of Montgomery, 74 Ala. 226 ; Quinn v. Adair, 4 Ala. 315. An acknowledgment, that a person becomes security “for all costs and damages as may be sustained by defendant by reason of the appeal,” is evidently not the equivalent of an agreement ‘‘to pay such judgment as may be rendered” against…
2Cases cited2 opinions
- State ex rel. Stow v. City Council of MontgomerySupreme Court of Alabama · 1883
- Quinn v. AdairSupreme Court of Alabama · 1842
3Cited by2 opinions
- Deas v. Garrett & MasonAlabama Court of Appeals · 1918
- Halsey v. MurraySupreme Court of Alabama · 1895