Smith v. Mutual Loan & Trust Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iabpe. A. W. Smith, Fred Sloss and Maclin Sloss, as executors of J. W. Sloss, deceased, brought an action against the Mutual Loan & Trust Co. and the sureties on an injunction bond, issued at its instance, to recover damages resulting from the issuance of the writ of injunction, which was afterwards dissolved as to the plaintiffs.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Si-iabpe. A. W. Smith, Fred Sloss and Maclin Sloss, as executors of J. W. Sloss, deceased, brought an action against the Mutual Loan & Trust Co. and the sureties on an injunction bond, issued at its instance, to recover damages resulting from the issuance of the writ of injunction, which was afterwards dissolved as to the plaintiffs. The injunction bond, which was the basis of the action, was made payable to A. W. Smith, Fred Sloss and Maclin Sloss "both individually and as the executors of the estate of J. W. Sloss,…
1Opinion of the CourtColeman, J.
This was an action by appellants as plaintiffs upon an injunction bond. The suit is by plaintiffs in their representative capacity as executors of James W. Sloss, deceased. The bond is made payable to plaintiffs as executors, and to them individually. The fiat of the court enjoined them both in their individual and representative capacity. The condition of the bond is “ to pay or cause to be paid all damages which any person may sustain by the suing out of said injunction, if the same is dissolved by the city court of Birmingham,” &c. One count of the complaint avers, that the injunction was…
2Cases cited5 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Morrow v. WoodSupreme Court of Alabama · 1876
- Gayle v. MartinSupreme Court of Alabama · 1842
- Masterson v. PhinizySupreme Court of Alabama · 1876
- Boyd v. MartinSupreme Court of Alabama · 1846
3Cited by11 opinions
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Painter v. MunnSupreme Court of Alabama · 1897
- Becker Roofing Co. v. PikeSupreme Court of Alabama · 1935
- Town of Dadeville v. WynnAlabama Court of Appeals · 1915
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