Windham v. Coats
Supreme Court of Alabama
Writ of error to the Circuit Court of Coosa. This was a suit instituted before a justice of the peace, at the instance of the defendant in error, against the plaintiff, Windham, for the recovery of $5 6 1-4. A judgment was rendered against Windham, for the amount claimed, with interest and costs.
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Writ of error to the Circuit Court of Coosa. This was a suit instituted before a justice of the peace, at the instance of the defendant in error, against the plaintiff, Windham, for the recovery of $5 6 1-4. A judgment was rendered against Windham, for the amount claimed, with interest and costs. Thereupon he entered into a bond with his co-plaintiffs, Rose and Beard, as his sureties, of which the following is a copy, viz; «Coosa county, State of Alabama, know all men by these presents, that we, Stephen Windham, Howell Rose, our heirs, executors and administrators, are firmly held and bound…
1Opinion of the CourtCollier, C. J.
It is provided by statute, that any person . aggrieved by the judgment of a justice of the peace, may, within five days thereafter, appeal to the next superior Court, sitting for his county, first giving to such justice, bond, with good security, in double the amount of such judgment, conditioned to prosecute such appeal to effect-; and in case he be cast therein, to pay and satisfy the condemnation of the Court. The bond in the present case, does not conform literally to the act, but we think it substantially sufficient! It recites the names of the parties to the judgment before the justice,…
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