Owings v. Binford
Supreme Court of Alabama
Appeal from Pickens Circuit Court. Tried before lion. S. II. Sprott. This was an action brought by Daniel B. Binford, a minor, by his next friend, against W. P. Owings, sheriff of Pickens county, and J. M. Noland, J. H. Curry, Enoch Easterling, S. C. Nabers and II. B. Ohappelle, sureties on his official bond, and sought the recovery of damages for the breach of the condition of said bond.
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Appeal from Pickens Circuit Court. Tried before lion. S. II. Sprott. This was an action brought by Daniel B. Binford, a minor, by his next friend, against W. P. Owings, sheriff of Pickens county, and J. M. Noland, J. H. Curry, Enoch Easterling, S. C. Nabers and II. B. Ohappelle, sureties on his official bond, and sought the recovery of damages for the breach of the condition of said bond. The averments of the complaint are substantially that said sheriff, having in his hands a Fi. Fa. against Wm. H. Binford, the father of plaintiff, levied the same on the contents of a storehouse in…
1Opinion of the CourtClopton, J.
The appellant, Owings, separately assigns errors, relating exclusively to the ruling of the court in sustaining a demurrer to five special pleas, filed Feb. 2d, 1884. After the demurrer was sustained, Owings filed the plea of the general issue, and several special pleas, on each of which issue was taken, and on the issues thus taken the cause was tried. The only error, in this respect, insisted upon in the argument of counsel is, sustaining the demurrer to the fifth plea: and we may, therefore, consider the assignments of error, relating to tiie other pleas, as waived. — Robertson v.…
2Cases cited4 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Puckett v. PopeSupreme Court of Alabama · 1842
- Goggins v. Smith's Adm'rSupreme Court of Alabama · 1860
3Cited by11 opinions
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Powell v. Henry & Co.Supreme Court of Alabama · 1892
- Bolling v. SpellerSupreme Court of Alabama · 1892
- Ashby Brick Co. v. Ely & Walker Dry Goods Co.Supreme Court of Alabama · 1907
- Richmond & Danville Railroad v. HissongSupreme Court of Alabama · 1892
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