House v. City of Anniston
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. F. M. House became surety for one Bales on his appeal from the Recorder’s Court under a conviction for violating the city ordinance. From a judgment conditionally forfeiting the bond, House appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. F. M. House became surety for one Bales on his appeal from the Recorder’s Court under a conviction for violating the city ordinance. From a judgment conditionally forfeiting the bond, House appeals. The appellant, surrendered the defendant Bales to the executive officer of the city, and the city cannot now be heard to say that it let the defendant go, and yet would collect the bond. — 'Ward v. Colquitt, 62 Ga. 267; Garter v. Arkansas, 43 Ark. 132; Shields v. Smith, 78 Ind. 425; Pat tillo v. The State, 9 Tex. App. 445;…
1Opinion of the Court
PELHAM, J. —
One Bales was tried and convicted in the recorder’s court of the city of Anniston for the violation of a municipal ordinance of the city. From the judgment there rendered against him, he appealed to the city court of Anniston, executing the appeal bond required, jointly with the appellant, House, and another as his sureties.
Before the rendition of the conditional judgment against the defendant and his bondsmen for a forfeiture of the bond in the city court of Anniston, the defendant avers in his plea, he procured certified copies of the bonds, arrested Bales thereon, and delivered…
2Cases cited4 opinions
- Abraham v. AlfordSupreme Court of Alabama · 1879
- Harsh, McLean & Hardison v. HeflinSupreme Court of Alabama · 1884
- Burns v. HowardSupreme Court of Alabama · 1880
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896
3Cited by3 opinions
- Finney v. NewsonSupreme Court of Alabama · 1919
- State ex rel. City of Birmingham v. FortAlabama Court of Appeals · 1915
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927