Brown, Webb & Co. v. Edward Rose & Co.

Edward Rose & Co., a corporation, recovered judgment against Brown, Webb & Co., a partnership, and its constituent members, before a justice of the peace at Phil Campbell. Defendants appealed to the circuit court, giving bond with sureties as provided by section 4714 of the Code of 1907. Pending the trial on appeal, defendants Brown, Webb & Co. were adjudicated bankrupts, but had not been discharged. In the circuit court judgment was rendered against defendants and their sureties, execution being ordered against the sureties, but stayed as to the- defendants until the bankruptcy court should…