Patton v. Hamner
Supreme Court of Alabama
Appeal from the Circuit Court of "Wilcox. Tried before the Hon. Robert Dougherty. This action was brought by Louisa Patton, against George M. Hamner, to recover a slave named Sarah, and was commenced on the 23d August, 1852. The case was before this court at its January term, 1856, when the judgment of the circuit court was reversed, and the cause remanded.—See 28 Ala. 618. The defendant’s second plea, as set out in the present record, is as follows: “ Actio non, because he…
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Appeal from the Circuit Court of "Wilcox. Tried before the Hon. Robert Dougherty. This action was brought by Louisa Patton, against George M. Hamner, to recover a slave named Sarah, and was commenced on the 23d August, 1852. The case was before this court at its January term, 1856, when the judgment of the circuit court was reversed, and the cause remanded.—See 28 Ala. 618. The defendant’s second plea, as set out in the present record, is as follows: “ Actio non, because he says that heretofore, in the probate court of Wilcox county, at a special term thereof, to-wit, on the 5th day of March,…
1Opinion of the Court
B.ICE, C. J.—
The averment added to the second plea, after it was remanded, made the plea good.-—Patton v. Hamner, 28 Ala. 618.
[2.] The claim bond, required by the statute, is intended to furnish an additional security to the creditor, and cannot be so construed as to work injury to him. Its forfeiture may give him rights, but cannot deprive him of the preexisting right to sue out an alms or fluries execution on his original judgment. The doctrine, that on the forfeiture of such bond, the original judgment is merged or satisfied, or in any way impaired in its force or efficacy, does not obtain…
2Cases cited8 opinions
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Langdon & Co. v. BrumbySupreme Court of Alabama · 1844
- Kemp v. PorterSupreme Court of Alabama · 1844
- Fryer v. DennisSupreme Court of Alabama · 1841
- Hopkins v. LandSupreme Court of Alabama · 1842
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Boyle v. WallaceSupreme Court of Alabama · 1886
- W. K. Syson Timber Co. v. DickensSupreme Court of Alabama · 1906
- Johnson v. OdomAlabama Court of Appeals · 1914