Quinn v. Adair
Supreme Court of Alabama
Weit of Error to the Circuit Court of Coosa County. The questions made by the assignments of error grow out of the rendition of a judgment against the securities of Quinn to on appeal bond. The action was commenced before a Justice in the name of E. W. Quinn, for the use of Abner Quinn, against Adair.
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Weit of Error to the Circuit Court of Coosa County. The questions made by the assignments of error grow out of the rendition of a judgment against the securities of Quinn to on appeal bond. The action was commenced before a Justice in the name of E. W. Quinn, for the use of Abner Quinn, against Adair. The Justice seems to have rendered judgment in favor of Adair, the defendant,for eighteen dollars and thirty-seven cents, but it does not appear whether it was given against the real or the nominal plaintiff, except that the recitals of the appeal bond, afterwards given by E. W. Quinn, state the…
1Opinion of the CourtGoldthwaite, J.
1. It is contended by the plaintiff in error, that the condition of the bond is to receive the same .construction, whether the remedy on it is by suit or by a summary judgment. In this we entirely concur, and our opinion is, that if the bond is so defective as not to warrant the judgment, it is immaterial whether the remedy is sought by suit or motion.
2. It is also insisted that the act authorizing appeals from the judgment of a Justice, and providing that the appellant shall give bond and security, does not contemplate the case of an appeal by the plaintiff.
The statute is in these words —…
2Cited by5 opinions
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