Hunter v. McCraw
Supreme Court of Alabama
[MOHOS TO QUASH EXECUTION.] Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. Robert Dougherty. This case is a branch of that reported in 31 Ala. 659, under tbe name of Steamboat Farmer v. Me Oraio. That case was commenced in May, 1852, by attachment against the said steamboat, sued out by Abner G. MeCraw, to recover damages for injuries caused by a collision between said steamboat and a flat-boat.
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[MOHOS TO QUASH EXECUTION.] Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. Robert Dougherty. This case is a branch of that reported in 31 Ala. 659, under tbe name of Steamboat Farmer v. Me Oraio. That case was commenced in May, 1852, by attachment against the said steamboat, sued out by Abner G. MeCraw, to recover damages for injuries caused by a collision between said steamboat and a flat-boat. The sheriff having seized the boat under the attachment, J. B. "Walker, Edward E. Shields, Daniel Walker, M. Waring, Stephen Twelves and Jos. T. Hunter entered into a replevin bond,…
1Opinion of the CourtStone, J.
It is clearly settled in this State, that admiralty proceedings are intended to be simple and summary; and that much liberality will be indulged in favor of their correctness. — See the authorities collected in the case of Murphy v. Roberts & Staples, 30 Ala. 232.
It is contended for appellants, that the replevin bond in this case only bound the stipulators to pay such judgment as should be rendered against said Edward E. Shields, J. B. Walker and Daniel Walker; and no judgment having been rendered against them, they contend further, that no liability has been fastened on the stipu-lators. On…
2Cases cited2 opinions
- Hogan & Co. v. ReynoldsSupreme Court of Alabama · 1845
- Murphy v. RobertsSupreme Court of Alabama · 1857