Lunsford v. Richard
Supreme Court of Alabama
Weit' of Error to the Circuit Court of Sumter. This was a motion by the plaintiffs i® error, to quash a forth' coming-bond*. The bond: is dated the 26th March, 1840;; is executed by John Lunsford, Peter B. Whiting, and Jamies' E. Jones, 'in favor of the defendants-, and is' its the penal sum of five thousand four hundred and eighty-six dollars.
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Weit' of Error to the Circuit Court of Sumter. This was a motion by the plaintiffs i® error, to quash a forth' coming-bond*. The bond: is dated the 26th March, 1840;; is executed by John Lunsford, Peter B. Whiting, and Jamies' E. Jones, 'in favor of the defendants-, and is' its the penal sum of five thousand four hundred and eighty-six dollars. In the condition it is recited that an execution issued from the Circuit court of Sumter, in favor of the defendants in error against “ John Lunsford for the sum of two thousand seven' hundred and forty-three dollars, including debt, damages and…
1Opinion of the CourtCollier, C. J.
By act of ¡the Legislature “ To authorise the amendments of writs of error,” it is enacted “ that all writs of error wherein there shall be any variance from the original record, either in the'name or the -number of the parties, the form of action, or other defect, may and shall be amended, and made agreeable to such record, by the respective courts, where such writ or writs of error shall be made returnable, under such rules and regulations as the Supreme court may prescribe.” [Clay's Dig. 312, § 39.] The provisions of this statute are so general as to require a writ of error to be amended…
2Cases cited1 opinion
- Taylor v. PowersSupreme Court of Alabama · 1842
3Cited by10 opinions
- Meredith v. RichardsonSupreme Court of Alabama · 1846
- Harrison v. HamnerSupreme Court of Alabama · 1892
- Moffitt v. Branch Bank of MobileSupreme Court of Alabama · 1845
- Flournoy v. MimsSupreme Court of Alabama · 1849
- Nicolson v. BurkeSupreme Court of Alabama · 1849
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