Caldwell v. United States Fidelity & Guaranty Co.
Supreme Court of Alabama
Appeal from Circuit Oonrt, Jackson County ; W. W. Harralson, Judge. Action by Daisy Caldwell and others, for the use of G. B. Caldwell and E. H. Caldwell, against the United States Fidelity & Guaranty Company, for breach of a super-, sedeas bond. Judgment for defendant, and plaintiffs appeal.
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Appeal from Circuit Oonrt, Jackson County ; W. W. Harralson, Judge. Action by Daisy Caldwell and others, for the use of G. B. Caldwell and E. H. Caldwell, against the United States Fidelity & Guaranty Company, for breach of a super-, sedeas bond. Judgment for defendant, and plaintiffs appeal. This suit was originally brought by E. H. and G. B. Caldwell against the Trustees of Cumberland University and the United States Fidelity & Guaranty Company, for the recovery of damages under a supersedeas bond executed by defendant, payable to Daisy Caldwell and others, in the cause appealed to the…
1Opinion of the CourtGardner, J.
A supersedeas bond was executed by the trustees of the Cumberland University, in the case appealed to this court styled Trustees of Cumberland University v. Caldwell et al., 203 Ala. 590, 84 South. 846. That suit was for the sale of real estate for division among tenants in common, and the supersedeas on the appeal was for the purpose of staying the distribution of the funds pending the determination of the rights of the parties thereto by this court.
[1-3] The proper bond to have been executed in a case of this character would have been that prescribed by section 2875 of the Code of 1907.…
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