Croom v. Travis' Adm'r
Supreme Court of Alabama
Writ of Error the Circuit Court of Sumter. This was an action of debt at the suit of the defendant in error upon a bond to keep within the prison limits of Sumter,, executed by the plaintiffs and James M. Cade. The cause was tried by a jury, who returned a verdict for the plaintiff, for $314 86, and judgment was rendered accordingly.
Read the full summary
Writ of Error the Circuit Court of Sumter. This was an action of debt at the suit of the defendant in error upon a bond to keep within the prison limits of Sumter,, executed by the plaintiffs and James M. Cade. The cause was tried by a jury, who returned a verdict for the plaintiff, for $314 86, and judgment was rendered accordingly. A bill, of exceptions was sealed at the instance of the defendants, from which it appears that the case is. substantially as follows : Tho plaintiff adduced a capias ad satisfacien-dum, 'issued from the circuit court of Sumter, upon a judgment therein rendered in…
1Opinion of the CourtCollier, C. J.
The bond on which a recovery is sought in the present case, was executed previous to the passage of the act of February, 1839, and consequently is not discharged, or in any manner affected by it. [1 Ala. Rep. N. S. 22.]
It is enacted by the act of 1824, that any person imprisoned in a civil action may enter into bond with sufficient surety to the plaintiff, in double the sum of the debt or damages for which he may be imprisoned, which bond may be taken by the sheriff, or jailor, with a condition as follows, viz :— “ The condition of the above obligation is such, that if the above bound A B, a…
2Cases cited3 opinions
- Morrow v. WeaverSupreme Court of Alabama · 1845
- Clapp v. HaywardMassachusetts Supreme Judicial Court · 1818
- McMichael v. RapelyeSupreme Court of Alabama · 1842
3Cited by1 opinion
- Postal Telegraph & Cable Co. v. BealSupreme Court of Alabama · 1909