Leader v. Mattingly
Supreme Court of Alabama
Appeal from tbe City Court of Bessemer. Tried before tbe Hon. B. C. Jones. This action was brought by tbe appellee, J. L. Mat-tingly, against tbe appellants, and sought to recover $99.01, as tbe breach of tbe condition of an indemnity bond, which was executed by tbe defendant A. S. Leader as principal, and the other defendants, as sureties.
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Appeal from tbe City Court of Bessemer. Tried before tbe Hon. B. C. Jones. This action was brought by tbe appellee, J. L. Mat-tingly, against tbe appellants, and sought to recover $99.01, as tbe breach of tbe condition of an indemnity bond, which was executed by tbe defendant A. S. Leader as principal, and the other defendants, as sureties. The complaint, as originally filed, contained one count and it was averred therein that tbe indemnity bond sued on was executed March 4, 1901, by the defendants, was payable to tbe plaintiff and conditioned that inasmuch as an execution in favor of said A.…
1Opinion of the CourtSharpe, J.
To the amended complaint no valid objection was raised by demurrer. In the complaint as originally filed and as it stood after amendment the cause of action was ex contractu, being for the breach of a bond given to indemnify the plaintiff against damage possible to result from the levy of an execution in the hands of himself as constable.
*448From the complaint it appeared that the damages consisted of an amount plaintiff was compelled to pay on a judgment obtained against him on March 17, 1902, by the owner of the property levied on, and no breach of the bond is averred as accruing prior to that…
2Cases cited7 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Petty v. DillSupreme Court of Alabama · 1875
- Scarbrough v. Borders & Co.Supreme Court of Alabama · 1896
- In re BurkaDistrict Court, E.D. Missouri · 1900
- Rudulph v. BrewerSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- St. Louis-San Francisco Ry. Co. v. KimbrellSupreme Court of Alabama · 1932
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Rasmus v. SchafferSupreme Court of Alabama · 1935
- Sovereign Camp, W. O. W. v. DennisAlabama Court of Appeals · 1920
- Louisville & Nashville Railroad v. WynnSupreme Court of Alabama · 1910
10 more not listed; retrieve them via the Exa API.