Masterson v. Phinizy
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lawrence. Tried before tbe Hon. W. B. Wood. This action was brought by John T. Phinizy, against Tbos.
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Appeal from tbe Circuit Court of Lawrence. Tried before tbe Hon. W. B. Wood. This action was brought by John T. Phinizy, against Tbos. Masterson and J. T. Masterson; was commenced on tbe 13tb July, 1874, and was founded on an attachment bond, given by tbe defendants, which was in tbe following words: “ Know all men by these presents, that we, Thomas Master-son and-, are held and firmly bound unto John T. Pbinizy, Eliza P. Pbinizy, J. W. Ealk, and Thomas Lile, in tbe sum of four thousand dollars, to be paid to tbe said John T. Pbinizy, Eliza P. Phinizy, J. W. Ealk, and Thomas Lile, their…
1Opinion of the CourtBrickell, C. J.
The material ground of demurrer to the complaint, as amended, is, that the suit is brought by one only, of the four obligees of the bond; and it is insisted in support of it, that an action for a breach of the condition *339of the bond, though it is averred the obligee suing alone sustained damage, is not maintainable without joining as plaintiffs all the obligees.
The bond is payable to the obligees jointly, and its condition is for the payment to them of “ all such damages as they may sustain from the wrongful or vexatious suing out of the attachment.” It contains no covenant to or with, nor any…
2Cases cited3 opinions
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- Boyd v. MartinSupreme Court of Alabama · 1846
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- Roan v. StateSupreme Court of Alabama · 1932
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- Painter v. MunnSupreme Court of Alabama · 1897
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