McPhillips v. McGrath
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a suit brought by the appellees, John McGraw, his brothers and two sisters, all minors, and children of John McGraw, deceased, by their next friend, against the appellants, James McPhillips and John L. Rapier, as sureties on the official bond of Joseph Hodgson, register in chancery of Mobile county, Alabama, to recover a sum of money, which was paid into the custody of said Hodgson,…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a suit brought by the appellees, John McGraw, his brothers and two sisters, all minors, and children of John McGraw, deceased, by their next friend, against the appellants, James McPhillips and John L. Rapier, as sureties on the official bond of Joseph Hodgson, register in chancery of Mobile county, Alabama, to recover a sum of money, which was paid into the custody of said Hodgson, as such register, belonging to said minors, and which said register had failed to account for or pay over. The complaint…
1Opinion of the CourtBbickell, C. J.
The complaint, in which the appellees were plaintiffs, contains two counts. The first count complains of the breach of the official bond of one Joseph Hodgson as register in chancery of the chancery court of Mobile county, executed on the first day of December, 1893, in the execution of which the appellants joined as sureties. The second count complains of the breach of a like bond executed on the eleventh day of December, 1894. The facts from which a breach of the bond is deduced are the same in each count. The defendants pleaded several pleas, to the fourth and fifth of which demurrers were…
2Cases cited15 opinions
- United States v. BoydSupreme Court of the United States · 1841
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Myers v. United StatesU.S. Circuit Court for the District of Ohio · 1839
- Bissell v. . SaxtonNew York Court of Appeals · 1876
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3Cited by14 opinions
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- Disheroon v. BrockSupreme Court of Alabama · 1925
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