Watt's Ex'rs. v. Sheppard
Supreme Court of Alabama
This was an action of debt, brought by the defendant in error against the plaintiff’s testator, in the Circuit Court of Dal- • las.
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This was an action of debt, brought by the defendant in error against the plaintiff’s testator, in the Circuit Court of Dal- • las. The writing declared on, appears of record, and is as follows : “We, Nancy Wade, Thomas Watts, Buddy Bohannan, Henderson S. Wade, John L. Moody, Young Bohannan, Hudson Wade, Memory J. M. Bohannan, Robert E. Bohannan, Young F. Bohannan, and Wiley J. Underwood, acknowledge ourselves, held and firmly bound unto Abraham Sheppard in the sum of fifty thousand dollars, for the payment of which to said Sheppard, his heirs, representatives and assigns, we bind ourselves,…
1Opinion of the CourtCollier, C. J.
— The arguments at the bar, make it necessary for us to consider these questions—
1st. Did the Circuit Court err in overruling the r demurrer to the declaration ?
2nd. Is the charge of the Court to the jury, authorized by the contract of the parties ?
First — The act of 1824, “ regulating proceedings on penal bonds,” Aik. Dig. 273, is substantially a transcript of the statute; 8 and 9, Wm. 3, Ch. 11, Sec. 8; and enacts that, “in all actions in any Court of record, upon any bond, or on any penal sum, for non-performance of any covenants or agreements, contained in any indenture, deed, or writing,…
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- Knapp v. MaltbyNew York Supreme Court · 1835
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