Bell v. Thomas
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. Thomas, on the 25th January, 1845, sued process of monition and seizure upon a libel filed by him against the steamboat Du-quesne, alledging that the boat then was lying at the harbor of Mobile; that he, at the instance of the master of the said boat, performed services on board the same as second engineer, at $50 per month, in all amounting to $169, the particulars and items of which appear by an account filed.
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Writ of Error to the County Court of Mobile. Thomas, on the 25th January, 1845, sued process of monition and seizure upon a libel filed by him against the steamboat Du-quesne, alledging that the boat then was lying at the harbor of Mobile; that he, at the instance of the master of the said boat, performed services on board the same as second engineer, at $50 per month, in all amounting to $169, the particulars and items of which appear by an account filed. He prays the condemnation of the said steam boat, her tackle, apparel, &c. in satisfaction of his demand. The process of seizure was…
1Opinion of the CourtGoldthwaite, J.
1. The judgment in this case, so far as the plaintiffs in error are concerned, seems to have been prematurely rendered, inasmuch as the condition of the bond is. to deliver the boat to the sheriff on a particular day, or'to pay the judgment of the Court. In point of fact, the day fixed for the delivery 'of the boat, is the same as that upon which the judgment was rendered. It is essentially different from a stipulation tp pay the amount for which judgment shall be rendered. It seems to have,been taken under the act of 1841, [Dig. 140, § 28,] and varies in its legal effect from that required…
2Cases cited3 opinions
- The AlligatorU.S. Circuit Court for the District of Massachusetts · 1812
- Livingston v. Steam-Boat TallapoosaSupreme Court of Alabama · 1839
- Witherspoon v. WallisSupreme Court of Alabama · 1841
3Cited by1 opinion
- Murphy v. RobertsSupreme Court of Alabama · 1857