Burgess v. Sugg
Supreme Court of Alabama
This suit was instituted in Franklin Circuit court-by Sugg, on certain forthcoming bonds, given by the plaintiffs in error, conditioned for the production of a slave, who had been levied on, on an appointed day of sale. The defendants plead— First — a former judgment in their favor, in the County court df Franklin, which judgment was then in full force, &c.; and, Second — that the slave so levied on, had died before the commencement of this suit.
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This suit was instituted in Franklin Circuit court-by Sugg, on certain forthcoming bonds, given by the plaintiffs in error, conditioned for the production of a slave, who had been levied on, on an appointed day of sale. The defendants plead— First — a former judgment in their favor, in the County court df Franklin, which judgment was then in full force, &c.; and, Second — that the slave so levied on, had died before the commencement of this suit. The court sustained a demurrer to these pleas; and the defendants failing to plead over, a writ of en-quiry was awarded : on executing the enquiry…
1Opinion of the CourtLipscomb, C. J.
This was an action brought by the defendant in error, in the Circuit,court of Franklin county, on nine bonds, given by the plaintiffs in error, in the penal sum of ene hundred and ten dollars each, and to each of them, there was the following condition :' “ The condition of the above obligation is such, that whereas Ira Olive, a constable of the county and state aforesaid, has this day levied an execution on a negro man slave named Cassius, as the property of Richard Burgess, at the instance of William Sugg. Now, should the above Richard Burgess well aijd truly deliver the above property unto…
2Cases cited1 opinion
- Pace v. DosseySupreme Court of Alabama · 1827
3Cited by3 opinions
- Riley v. JarvisWest Virginia Supreme Court · 1896
- Glover v. Taylor & Co.Supreme Court of Alabama · 1867
- Turk v. SheinWest Virginia Supreme Court · 1904