Moneagle & Co. v. Livingston
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Gilbert Livingston brought his suit agaiust William Moneagle & Go., and sureties on a garnishment bond for damages for breach of the conditions of said bond. There was judgment in favor of the plaintiff, and from a refusal of the court to grant defendant a new trial, based upon the specifications that the verdict is contrary to the law, and to the evidence in said cause, defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Gilbert Livingston brought his suit agaiust William Moneagle & Go., and sureties on a garnishment bond for damages for breach of the conditions of said bond. There was judgment in favor of the plaintiff, and from a refusal of the court to grant defendant a new trial, based upon the specifications that the verdict is contrary to the law, and to the evidence in said cause, defendant appeals. The plea of the general issue casts on plaintiff the burden of proving every material allegation. — Petty v. Dill, 53 Ala. 643 When a…
1Opinion of the CourtHaralson, J.
An original suit was instituted be■fore R. J. Jordan, a justice of the peace, for $100 as damages, for the breach of the condition of a garnishment bond payable to the plaintiff, Gilbert 13. Livingston, by the defendants, William Moneagle and D. W. Partridge as partners under the name of Moneagle & Go., and L. W. Coleman. The suit in which the garnishment bond was given, was instituted before J. O. Sims, a justice of the peace, by Moneagle & Co., against the plaintiff, Livingston, and a judgment was rendered *565against him for $52 and costs, and against the garnishees, Barnes & Co., for $8.25…
2Cases cited2 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Winter & Loeb v. JudkinsSupreme Court of Alabama · 1894
3Cited by23 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Hale v. CoxSupreme Court of Alabama · 1930
- Atlantic Coast Line R. Co. v. BurkettSupreme Court of Alabama · 1922
- Dempsey v. StateAlabama Court of Appeals · 1916
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