Birmingham Trust & Savings Co. v. Currey
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by the Birmingham Trust & Savings Company against W. W. Currey and others. From a judgment for defendants, plaintiff appeals. See, also, 160 Ala. 370, 49 South. 319, 135 Am. St. Rep. 102. The action is in assumpsit on certain promissory notes executed by Currey, with the others names as sureties, to Hooper & Co., and by Hooper & Co. indorsed to the plaintiff.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by the Birmingham Trust & Savings Company against W. W. Currey and others. From a judgment for defendants, plaintiff appeals. See, also, 160 Ala. 370, 49 South. 319, 135 Am. St. Rep. 102. The action is in assumpsit on certain promissory notes executed by Currey, with the others names as sureties, to Hooper & Co., and by Hooper & Co. indorsed to the plaintiff. The pleas mentioned are as follows: (10) “And for further plea on this behalf the defendants say that part of the consideration of the note sued on was and is a…
1Opinion of the CourtSayre, J.
Appellant, having lost its case and suffered judgment for costs in the court below, undertook to execute a supersedeas as provided by section 2873 of the Code rather than security for costs only as provided by section 2872. This supersedeas is defective in two particulars: Thomas R. Roberts, who was one of the parties defendant to the judgment, is not named among the obligees. The sureties are not named in the body of the bond. No notice was taken of these defects at the time of the submission; but. now appellees urge in their brief that the appeal ought to be dismissed by this court ex mero.…
2Cases cited23 opinions
- Board of Trade of Chicago v. Christie Grain & Stock Co.Supreme Court of the United States · 1905
- Irwin v. WilliarSupreme Court of the United States · 1884
- Embrey v. JemisonSupreme Court of the United States · 1889
- Jamieson v. WallaceIllinois Supreme Court · 1897
- Hawley v. BibbSupreme Court of Alabama · 1881
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3Cited by15 opinions
- United Securities Corporation v. BrutonDistrict of Columbia Court of Appeals · 1965
- Brannan v. HenrySupreme Court of Alabama · 1912
- Wilder v. BushSupreme Court of Alabama · 1917
- Williams v. OatesSupreme Court of Alabama · 1924
- Battles v. Pierson Chevrolet, Inc.Supreme Court of Alabama · 1973
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