Dow Wire Works Co. v. Engelhardt
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. This action was brought by the appellant, the Dow Wire Works 'Company, a non-resident, against the appel-lee, as executrix of W- E. Englehardt, deceased. W. L. Martin became a surety of the plaintiff for costs. In the rendition of judgment by the circuit court in favor of the defendant, the court also rendered judgment for costs against the said Martin, surety for the plaintiff.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. C. Richardson. This action was brought by the appellant, the Dow Wire Works 'Company, a non-resident, against the appel-lee, as executrix of W- E. Englehardt, deceased. W. L. Martin became a surety of the plaintiff for costs. In the rendition of judgment by the circuit court in favor of the defendant, the court also rendered judgment for costs against the said Martin, surety for the plaintiff. The present appeal is prosecuted from this judgment, and the rendition thereof is assigned as error. The facts of the case are…
1Opinion of the CourtDowdell, J.
This suit was commenced in the justice’s court, and the plaintiff being a non-resident gave security for costs; Die appellant Martin being the surety. In that court the plaintiff recovered a judgment, from which an appeal Avas taken by the defendant to the circuit court. In the circuit court the case Avas tried by the court without the intervention of a jury, and judgment rendered for the defendant. The court in rendering judgment for the defendant, also rendered judgment for costs against Martin, the surety of the plaintiff. Courts of laAv are governed by the statutes in rendering judgments…
2Cases cited1 opinion
- Dodson v. HarrisSupreme Court of Alabama · 1846
3Cited by2 opinions
- Lutterworth & Lowe v. CathcartSupreme Court of Alabama · 1910
- Friel v. North Birmingham Building Ass'nAlabama Court of Appeals · 1912