Falls v. Weissinger
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. This was an action of debt, at the suit of the defendant in error, on a bond executed by the plaintiffs in error, with three other persons on whom the process was not served.
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Writ of Error to the Circuit Court of Lowndes. This was an action of debt, at the suit of the defendant in error, on a bond executed by the plaintiffs in error, with three other persons on whom the process was not served. The bond was taken under an order in chancery, by which certain slaves and other property were seized to satisfy such decree as might be “ rendered in the suit j” and was executed with the condition that they should be returned, if the decree contemplated it. After the execution of the bond, there was an amended and supplemental bill by which several other persons were made…
1Opinion of the CourtCollier, C. J.
The filing of the amended and supplemental bill, by which other parties were associated with the complainant, the obligee, did not, so far as the pleadings inform us, vary the frame of the bill or ask other and different relief from that sought in the first instance. It did not in any manner extend or limit the liability of the obligors; nor does it appear to have restricted or impaired the rights of the obligee. The declaration then could not have been adjudged bad on demurrer merely because new parties were introduced upon .the record after the execution of the replevy bond.
There was no…
2Cases cited2 opinions
- McKenzie v. JacksonSupreme Court of Alabama · 1842
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
3Cited by6 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Glover v. Taylor & Co.Supreme Court of Alabama · 1867
- Woolfolk v. IngramSupreme Court of Alabama · 1875
- Phillipi v. CapellSupreme Court of Alabama · 1863
- Hudmon v. CuyasCourt of Appeals for the Fifth Circuit · 1893
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