Brown v. Levins
Supreme Court of Alabama
Error to the Circuit court of Clarke county. Bill to foreclose a mortgage. Benjamin Levins, surviving partner of the firm of Charles Irby and Company, on the twenty-second day of August, eighteen hundred and thirty six, filed his bill of complaint, in the Circuit court of said county, exercising chancery jurisdiction, against Stephen Brown and Thomas Brown, of the county aforesaid, defendants,-to foreclose a mortgage, executed by said defendants, to Charles Irby and Benjamin…
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Error to the Circuit court of Clarke county. Bill to foreclose a mortgage. Benjamin Levins, surviving partner of the firm of Charles Irby and Company, on the twenty-second day of August, eighteen hundred and thirty six, filed his bill of complaint, in the Circuit court of said county, exercising chancery jurisdiction, against Stephen Brown and Thomas Brown, of the county aforesaid, defendants,-to foreclose a mortgage, executed by said defendants, to Charles Irby and Benjamin Levins, of the city of Mobile, on the third day of June, eighteen hundred and thirty four, of certain lands'therein…
1Opinion of the CourtCollier, C. J.
The counsel of Savage, mié of the defendants in error, has moved to dismiss the writ of error, for .a misjoinder of defendants. Upon looking into the writ, we find the objection well taken in point of fait,, and accordingly direct the dismissal. But it has been questioned, whether-the judgment for costs, should ‘beié idered against the plaintiff’s only, or against them and their sureties in the bond to prosecute the writ of en or to effect. The statute authorises this court to render judgnlént against the principal and surety in the. *419bond, “ in case of dismission or discontinuance of the…
2Cited by2 opinions
- New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
- Williams v. StateSupreme Court of Florida · 1889