Dunlap v. Clements
Supreme Court of Alabama
Error to the Circuit Court of Tuskaloosa. Tried before the Hon. Geo. D. Shortridge. Dunlap sued out an attachment against Reuben Clements and caused it to be levied on a stock of goods, &c., which the latter replevied by giving bond with Elijah and James C. Clcm•entsas his sureties.
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Error to the Circuit Court of Tuskaloosa. Tried before the Hon. Geo. D. Shortridge. Dunlap sued out an attachment against Reuben Clements and caused it to be levied on a stock of goods, &c., which the latter replevied by giving bond with Elijah and James C. Clcm•entsas his sureties. Subsequently to this Dunlap also sued out an attachment against James C. Clements, and caused a portion of the same goods to be levied on and sold under it, before judgment bad been obtained in the first mentioned suit. Afterwards a demand being made, the Obligors tendered the value of the goods which had not been…
1Opinion of the CourtParsons, J.
The bond was returned forfeited, and that gave it the force and effect of a judgment under the statute, and authorised the clerk to issue an execution thereon, against the obligors, for the amount of the judgment and costs recovered ia the attachment suit. — Clay’s Dig. 61, §33.
The amount to be paid by the obligors, when the bond is returned forfeited, is fixed by the statute, and it is the sum recovered in the attachment suit and the costs of that suit. It is true, as contended at the bar, that if the bond is returned forfeited for the non-delivery of only a small part of the property…
2Cases cited1 opinion
- Edwards v. LewisSupreme Court of Alabama · 1849
3Cited by28 opinions
- Harding v. HawkinsIllinois Supreme Court · 1892
- Branch Bank at Mobile v. ColemanSupreme Court of Alabama · 1852
- Leath v. ListerSupreme Court of Alabama · 1937
- Lockhart v. CameronSupreme Court of Alabama · 1856
- Cordaman v. MaloneSupreme Court of Alabama · 1879
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