White v. Morring
Alabama Court of Appeals
Appeal from Circuit Court, Madison County ; Robert O. Brickell, Judge. Motion of L. C. White and others to quash execution issued on forfeited replevy bond in detinue, by G. T. Morring against D. C. White and others. From a judgment overruling the motion, the movants appeal. Replevy bonds, being of statutory creation, are strictly construed, and must follow the substance of the statute authorizing them.
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Appeal from Circuit Court, Madison County ; Robert O. Brickell, Judge. Motion of L. C. White and others to quash execution issued on forfeited replevy bond in detinue, by G. T. Morring against D. C. White and others. From a judgment overruling the motion, the movants appeal. Replevy bonds, being of statutory creation, are strictly construed, and must follow the substance of the statute authorizing them. Code §§ 3778, 37S0; 5 Ala. 61S; 7 Ala. 593; 97 Ala. 715, 12 South. 166; 99 Ala. 603, 12 South. 917; 57 Ala. 571. The bond did not comply with the statute, in that it failed to provide that the…
1Opinion of the CourtSamford, J.
The bond, the subject of controversy, is as follows:
“State of Alabama, Madison County, Circuit Court.
“Know all men by these presents, that Tliomas L. Hanvey and sureties are held and firmly bound unto G. T. Morring in the sum of six hundred dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, .jointly and severally, firmly by these presents. Sealed with our seals and dated this the 16th day of June, 1921.
“The condition of the above obligation is such that, whereas, the said G. T. Morring did on the 15th day of June# 1921, sue out…
2Cases cited7 opinions
- Adler v. PotterSupreme Court of Alabama · 1877
- Meredith v. RichardsonSupreme Court of Alabama · 1846
- Harrison v. HamnerSupreme Court of Alabama · 1892
- Mitchell v. IngramSupreme Court of Alabama · 1862
- Traweek v. HeardSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Andalusia Motor Co. v. MullinsAlabama Court of Appeals · 1938
- White v. MorringSupreme Court of Alabama · 1923