Decker v. Decker
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Etha M. Decker against James T. Decker and others,-sureties on the appeal bond executed by George S. Decker, to obtain an appeal from the decree of the chancery court awarding the custody of a child to the plaintiff. Judgment for defendants and plaintiff appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Etha M. Decker against James T. Decker and others,-sureties on the appeal bond executed by George S. Decker, to obtain an appeal from the decree of the chancery court awarding the custody of a child to the plaintiff. Judgment for defendants and plaintiff appeals. While the bond is not in the form prescribed by the Code, it is good as a common law obligation. — Babcock v. Garter, 117 Ala. 575; Hughes v. Hatchett, 55 Ala. 539. The circumstances and averments in this proceeding bring it within the rule laid down in…
1Opinion of the Court
THOMAS, J. —
The present is an action by appellant on an appeal bond, executed by George S. Decker, as principal (who is not sued), and by appellees as his sureties (who only are sued), in a case appealed to the Supreme Court by said George S. Decker from the de*243cree of tlie chancery court, wherein appellant here was complainant there, and said George S. Decker was defendant, and which involved the custody of a minor child of the parties, which the chancery court decreed to the complainant, its mother, appellant here. On the said appeal from that decree by the father, said George S. Decker, to…
2Cases cited8 opinions
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- Miller v. VaughanSupreme Court of Alabama · 1884
- Halsey v. MurraySupreme Court of Alabama · 1895
- Stephens v. Norris, Stodder & Co.Supreme Court of Alabama · 1848
- Steele v. TutwilerSupreme Court of Alabama · 1879
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3Cited by1 opinion
- Caldwell v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1921