McBarnett v. Breed
Supreme Court of Alabama
Writ of error to the Circuit Court of Randolph county. This case was commenced in a justice’s court, in the name of Frazier, for the use of McBarnett, against Breed. The defendant had judgment in that court, and recovered 2 dollars and 68 3-4 cents for his costs. McBarnett appealed to the circuit court, and executed a bond, in the penalty of 5 25-100 dollars, with the condition prescr.bed by statute, with Kerr as his surety.
Read the full summary
Writ of error to the Circuit Court of Randolph county. This case was commenced in a justice’s court, in the name of Frazier, for the use of McBarnett, against Breed. The defendant had judgment in that court, and recovered 2 dollars and 68 3-4 cents for his costs. McBarnett appealed to the circuit court, and executed a bond, in the penalty of 5 25-100 dollars, with the condition prescr.bed by statute, with Kerr as his surety. In this bond, the suit is descr.bed as one by McBarnett v. Breed, and Frazier’s name is entirely omitted. In the circuit court, the judgment was also for the defendant,…
1Opinion of the CourtGoldth Waite, J.
1. The omission to set out in the appeal bond, that the suit was in the name of Frazier for the use of McBarnett, is a matter of no importance whatever, because the latter is to be cons.dered as the actual plaint.ff, and is the only one who could enter into the bond for the appeal. This will seem entirely clear when our statute, providing that a suit shall not abate in consequence of the death of a nominal plaintiff, is considered. [Clay’s Digest, 313, § 3].
2. In Qumn v. Adair, [4 Ala. Rep. N. S. 315,] we held, that the statute, requiring the party appealing from a justice’s judgment to give…
2Cited by8 opinions
- Jones v. Regions BankSupreme Court of Alabama · 2009
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- Jean v. SandifordSupreme Court of Alabama · 1864
- Seamans v. WhiteSupreme Court of Alabama · 1845
- Witherington v. BrantleySupreme Court of Alabama · 1850
3 more not listed; retrieve them via the Exa API.