Ex parte Sibert
Supreme Court of Alabama
Application for Mandamus. Appeal from Etowah Chancery Court. Tried before Hon. N. S. Graham. • On August 3, 1880, Hon. N. S. Graham, Chancellor of the Eastern Chancery Division of the State of Alabama, rendered a decree in term time, in a cause pending in the Chancery-Court of Etowah county in favor of W. J. Sibert, as administrator of the estates of O. W. Ward, and Sarah A. Ward, against C. B. Maddox, W. P. Prickett, et al.
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Application for Mandamus. Appeal from Etowah Chancery Court. Tried before Hon. N. S. Graham. • On August 3, 1880, Hon. N. S. Graham, Chancellor of the Eastern Chancery Division of the State of Alabama, rendered a decree in term time, in a cause pending in the Chancery-Court of Etowah county in favor of W. J. Sibert, as administrator of the estates of O. W. Ward, and Sarah A. Ward, against C. B. Maddox, W. P. Prickett, et al. The bill was filed to enforce an equitable lien on land. The decree declared the complainant, S. A. Ward, entitled to relief, ascertained the amount due her .to…
1Opinion of the CourtBbiokell, C. J.
— Under our statutes an appeal does not of itself supersede or arrest the execution of a judgment or decree. A bond with sufficient sureties, having the condition and payable as directed by the statute, must be executed and filed, or the party obtaining the judgment or decree, is entitled to proceed in its execution. If the judgment or decree is for the payment of money, the appeal bond must be in double the amount of the judgment, payable to the appellee, with sufficient sureties and with condition, “to prosecute the appeal to effect, and to satisfy such judgment as the Supreme Court may…
2Cases cited4 opinions
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- Ex parte MansonySupreme Court of Alabama · 1840
- STAFFORD ET UX. v. Union Bank of LouisianaSupreme Court of the United States · 1855
- United States v. TRIGG, ADMINISTRATORSupreme Court of the United States · 1837
3Cited by7 opinions
- Johnson v. HanscomTexas Supreme Court · 1897
- Jackson v. MobleySupreme Court of Alabama · 1908
- Ex Parte MooreSupreme Court of Alabama · 1935
- Moore v. EsslingerSupreme Court of Alabama · 1936
- Waters v. CochranSupreme Court of Alabama · 1973
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