Cobb v. Morrison
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Action by L. J. Cobb, Register in Chancery, for the use of R. L. Formby, against G. F. Morrison and others, for damages for the breach of a supersedeas bond. Judgment for defendants, and plaintiff appeals.
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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Action by L. J. Cobb, Register in Chancery, for the use of R. L. Formby, against G. F. Morrison and others, for damages for the breach of a supersedeas bond. Judgment for defendants, and plaintiff appeals. The condition of the bond is that, if the respondent shall fail in said appeal, and shall pay such judgment as the Supreme Court may render in the premises and all such costs and damages as any party aggrieved may sustain by reason of the wrongful appeal and suspension of the execution of said decree, then this obligation…
1Opinion of the Court
SOMERVILLE, J.—(1) The only question raised by the pleadings is whether the defendants herein “failed”-in their appeal from the chancery decree, the execution of which they superseded by giving the bond here sued on. If defendants did not “fail” in the appeal, they did not breach the condition of the bond, and are not liable for the hurt that plaintiff suffered by reason of the appeal. On that appeal this court said: “The decree appealed from is affected with error, as separately assigned by Morrison, in that the court did not allow Morrison the legal rate of interest upon the principal sum…
2Cases cited6 opinions
- Morrison v. FormbySupreme Court of Alabama · 1914
- Hopkins v. OrrSupreme Court of the United States · 1888
- Crane v. BuckleySupreme Court of the United States · 1906
- Rehm v. HalversonIllinois Supreme Court · 1902
- Babcock v. CarterSupreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- National Surety Co. v. CommonwealthSupreme Court of Virginia · 1919