Davis v. McCampbell
Supreme Court of Alabama
Appeal from the Circuit Court of Calho.un. Tried before the Hon. S. D. Hale. The original action in-'this case was brought by James A. McCampbell, against J. L„ Havis, and was founded on -, the defendantfopromissory note for $346 37,: dated the 27th April, 185$,'>apd payable onetday after date. The defend- . ant pleaded not guilty, want of consideration,-'failure of ■ consideration, fraud,in procuring the execution of the note, and set-off.
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Appeal from the Circuit Court of Calho.un. Tried before the Hon. S. D. Hale. The original action in-'this case was brought by James A. McCampbell, against J. L„ Havis, and was founded on -, the defendantfopromissory note for $346 37,: dated the 27th April, 185$,'>apd payable onetday after date. The defend- . ant pleaded not guilty, want of consideration,-'failure of ■ consideration, fraud,in procuring the execution of the note, and set-off. At-,the„Ma1y term, 1859) a judgment was rendered against the defendant,-,by-confession, for;.$1,75 ; and • the cause was continued, as,to the residue…
1Opinion of the CourtStone, J.
As-a motion 'has been made in this case to dismiss-the appeal,-for want of security for-eosts, we fee] bound to respond to it. ’ The appeal was taken • from the judgment of the circuit court, dismissing the -supersedeas. That judgment was rendered against J. L. Davis, and M. . J. Turnley, his surety ea the supersedeas bond-j the judg-ement being against both-of’them. M. J. Turnley is "the only surety for costs of-the-appeal to this court. Being 13 party to the judgment appealed from, 'the execution "by Mm of the obligation intended as a security for costs, is -not a compliance with section…
2Cited by8 opinions
- Colbert County v. Tennessee Valley BankSupreme Court of Alabama · 1932
- Griswold v. ThorntonSupreme Court of Alabama · 1900
- Carr v. SamuelsSupreme Court of Alabama · 1969
- Grigsby v. LilesAlabama Court of Appeals · 1961
- Ketchum v. DennisSupreme Court of Alabama · 1867
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