Nabors v. Camp
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. Assumpsit by the plaintiff in error, against the defendant in error, in the county court of Talladega. The facts upon which a recovery was sought, may be thus stated.
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Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. Assumpsit by the plaintiff in error, against the defendant in error, in the county court of Talladega. The facts upon which a recovery was sought, may be thus stated. Camp sued one English, and pending the suit, sued out an ancillary attachment, which was levied on certain slaves, and replevied by English, with Nabors as his surety, but the replevy bond was made payable to the sheriff, instead of being taken to English, the plaintiff. Camp recovered judgment against English, and the replevy bond being returned forfeited,…
1Opinion of the CourtDargan, J.
Although it is clear to my mind, that after . the execution was quashed, and' the bond declared not to be *463a statutory bond, Nabors, in the absence of all other proof, was entitled to recover back the $700 paid by him on the execution that was quashed, yet if this sum was paid by him under an agreement to discharge him from all liability growing out of his connection with the suit, by reason of the bond,, and this agreement has been faithfully observed by Camp,, then Nabors cannot recover back the money; for this payment under this agreement, would discharge him from any liability he might be…
2Cases cited3 opinions
- Sims v. Adm'r of SimsSupreme Court of Alabama · 1839
- Toulmin v. LesesneSupreme Court of Alabama · 1841
- Cothran v. MooreSupreme Court of Alabama · 1840
3Cited by3 opinions
- Dill v. CampSupreme Court of Alabama · 1853
- Carlisle v. HillSupreme Court of Alabama · 1849
- Waters v. SpencerSupreme Court of Alabama · 1853