McCalley v. Wilburn & Co.
Supreme Court of Alabama
Petition for Supersedeas of Execution on Ingtmction Bond. Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speaicb. This was a petition by Archie McCalley, James R. McCalley, and Charles S. McCalley, to supersede and quash an execution, which had been issued by the clerk of said court, in favor of George W. Wilburn & Co., against the petitioners and one Thomas S. McCalley, and which was founded on an injunction bond executed by them.
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Petition for Supersedeas of Execution on Ingtmction Bond. Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speaicb. This was a petition by Archie McCalley, James R. McCalley, and Charles S. McCalley, to supersede and quash an execution, which had been issued by the clerk of said court, in favor of George W. Wilburn & Co., against the petitioners and one Thomas S. McCalley, and which was founded on an injunction bond executed by them. The injunction bond was dated September 2d, 1875, and payable to the register in chancery at Fluntsville ; and after reciting that said…
1Opinion of the CourtSomebyille, J.
In Wilburn & Co. v. McCalley, 63 Ala. 436 — the title under which this cause was last before us on appeal — it was decided that the proceedings of the Probate Court, which authorized the execution of the note given by "W". J. McCalley, as the administrator of his wife’s estate, were void for -want of conformity to the statute, and, for this jurisdictional defect, neither the note itself, nor the judgment to which it was reduced by suit, was binding upon the estate of the decedent. That case, however, is no authority for the assumption, that the note did not impose a personal liability upon…
2Cases cited5 opinions
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
- Mervine v. ParkerSupreme Court of Alabama · 1850
- Whiteside v. JenningsSupreme Court of Alabama · 1851
- Vann v. VannSupreme Court of Alabama · 1881
3Cited by9 opinions
- Andrus v. BlazzardUtah Supreme Court · 1901
- Foster v. FeatherstonSupreme Court of Alabama · 1935
- Pointer v. Farmers' Fertilizer Co.Supreme Court of Alabama · 1935
- Halsey v. MurraySupreme Court of Alabama · 1895
- Handy v. GraySupreme Court of Alabama · 1922
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