Boyd v. Martin
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Debt, by the plaintiff in error, on a bond executed by the defendants, to the plaintiffs, in the penal sum of $ 18,200, with condition to prosecute an attachment sued out by Martin, against the estate of the plaintiffs, and to pay them all such costs, and damages, as they might sustain by the wrongful, or vexatious suing out such attachment. The plaintiffs declare upon the penalty, and assign several breaches.
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Error to the Circuit Court of Sumter. Debt, by the plaintiff in error, on a bond executed by the defendants, to the plaintiffs, in the penal sum of $ 18,200, with condition to prosecute an attachment sued out by Martin, against the estate of the plaintiffs, and to pay them all such costs, and damages, as they might sustain by the wrongful, or vexatious suing out such attachment. The plaintiffs declare upon the penalty, and assign several breaches. The defendants filed seven pleas, the last of which only need be noticed, and is as follows: And said defendants, for further plea in this behalf…
1Opinion of the CourtOrmond, J.
The question presented by the demurrer to the plea is, whether the plaintiffs can maintain a joint action upon the bond, the attachment having been levied on the separate property of each, in which they had not a joint interest.
The general rule in regard to contracts, as laid down in all the books, is, that where the legal interest, and the damages resulting from a breach of the contract is joint, the contractees must all join in an action thereon, although the contract be in terms joint and several. [Eccleston v. Clipsham, 1 Saund. 153, in note; Brown on Actions at Law, 116 ; 1 Chitty’s P.…
2Cases cited2 opinions
- Gayle v. MartinSupreme Court of Alabama · 1842
- Harris v. BradfordSupreme Court of Alabama · 1842
3Cited by10 opinions
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Skinner v. Bedell's Adm'rSupreme Court of Alabama · 1858
- Masterson v. PhinizySupreme Court of Alabama · 1876
- McKellar v. CouchSupreme Court of Alabama · 1859
- Summers v. FarishCalifornia Supreme Court · 1858
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