Chaudron v. Fitzpatrick
Supreme Court of Alabama
Error to tlie County Court of Mobile. -The declaration is bad — 1st. Because it should have been' iii "the name of the successor of Fitzpatrick. — 4 Wend. 406. 2, Because there is no averment that the defendant, Hoskins, was called to appear according to the tenor of the bond. — 4 I\. Hamp. 866. The ruling of the court below on the second plea was erroneous, as the judgment thereon was not rendered upon a default of i-iie defendant, Hoskins, to appear, hut upon his not…
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Error to tlie County Court of Mobile. -The declaration is bad — 1st. Because it should have been' iii "the name of the successor of Fitzpatrick. — 4 Wend. 406. 2, Because there is no averment that the defendant, Hoskins, was called to appear according to the tenor of the bond. — 4 I\. Hamp. 866. The ruling of the court below on the second plea was erroneous, as the judgment thereon was not rendered upon a default of i-iie defendant, Hoskins, to appear, hut upon his not abiding the order of the court. The replication to that plea is the only part of the record averring any breach. The judgment…
1Opinion of the CourtChilton, J.
This was an action of debt, .upon the penalty of a bond executed by the plaintiff in error as surety for one Henry Hoskins, payable to Benjamin Fitzpatrick, Góvérnor' óf the State of Alabama, and his' successors in office. The writ and declaration' are-in the name of' Benjamin Fitzpatrick, describing him as Governor of this State, whereas the suit was' instituted on the 8th day of June, 1847, after Fitzpatrick had' gone out of'office.
If appears by the condition''of the bond, which is set oút oiC oyer in the subsequent pleadings, that the principal obligor was’ brought before one Kemball, a…
2Cases cited2 opinions
- Bagby v. ChandlerSupreme Court of Alabama · 1845
- Lake v. GovernorSupreme Court of Alabama · 1830
3Cited by3 opinions
- Morrow v. WoodSupreme Court of Alabama · 1876
- National Surety Co. v. MorganAlabama Court of Appeals · 1923
- Hines v. McMillanSupreme Court of Alabama · 1920