Heard v. Hicks
Supreme Court of Alabama
Appeal from tbe Circuit Court of Butler. Tried before tbe Hon. John P. Hubbard. Tbis action was brought by tbe appellant, Geo.
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Appeal from tbe Circuit Court of Butler. Tried before tbe Hon. John P. Hubbard. Tbis action was brought by tbe appellant, Geo. P. Heard, against tbe appellees ; and sought to recover damages for tbe breach of a replevy bond given by tbe appellees, J. A. Hicks, C. B. Hicks and J. E. Hicks, as principals, and - the other defendants as sureties, conditioned to return tbe property sued for in a detinue suit brought by Heard against the principals, if tbe defendants were cast in said suit. It is unnecessary to notice tbe rulings upon tbe pleadings, since they are shown only in the bill of…
1Opinion of the CourtStone, C. J.
An action was brought by the plaintiff Heard against J. A. Hicks, C. B. Hicks and J. E. Hicks, for the recovery of certain chattels in specie, under section 2717 of the Code of 1886. The plaintiff made oath and gave bond, and obtained a writ of seizure, which the sheriff executed by seizing the property sued for. This property the sheriff permitted to remain with defendants, upon the execution by them of a bond to the plaintiff, with Owen, Parker and two Goodwins as sureties. The condition of this bond was that, "If-the said J. A. Hicks et al., defendants in said suit, within thirty days…
2Cases cited4 opinions
- Powell v. StateSupreme Court of Alabama · 1889
- Beck v. West & Co.Supreme Court of Alabama · 1890
- Freer v. CowlesSupreme Court of Alabama · 1870
- Wilkerson v. McDougalSupreme Court of Alabama · 1872
3Cited by7 opinions
- Wright v. StateSupreme Court of Alabama · 1902
- Merchants National Bank v. BalesSupreme Court of Alabama · 1906
- Webb v. WebbSupreme Court of Alabama · 1955
- Brown v. First National BankSupreme Court of Alabama · 1893
- Kinney v. GlennSupreme Court of Alabama · 1940
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