Leech v. Karthaus
Supreme Court of Alabama
Appeal from tlie 'Circuit Court of Madison. Tried before, tlie. lion. Osceola Kyle. This action originated in a justice of the peace court and ivas an 'action brought by the appellant., Sarali Leech, against the appellees. From a judgment in favor of the plaintiff the defendants appealed to the circuit court. The action ivas for breach of the condition of a super-sedeas bond.
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Appeal from tlie 'Circuit Court of Madison. Tried before, tlie. lion. Osceola Kyle. This action originated in a justice of the peace court and ivas an 'action brought by the appellant., Sarali Leech, against the appellees. From a judgment in favor of the plaintiff the defendants appealed to the circuit court. The action ivas for breach of the condition of a super-sedeas bond. The complaint, avers that in a certain ejectment suit in the circuit court, wherein Sarah Leech was plaintiff and Johnson, 'Campbell and Moore (who are not parties to this suit) were defendants, the plaintiff recovered…
1Opinion of the CourtMcCLELLAN, C. J.
We art', not advised by this record Avhat interest Karthaus and the Other defendants *399liad in the action brought by Sarah Leech against Johnson, Campbell and Moore for the recovery of a tract or lot of land, or that they had any interest. They were not parties to that suit and it is to he assumed for the purposes of this appeal that they were utter strangers to it. After Mrs. Leech recovered judgment in that suit, however, Karthaus and the others filed an application for a rehearing and executed the bond now sued on for a supersedeas of that judgment pending the application for rehearing. The.…
2Cases cited5 opinions
- Jenkins v. Lockard's Adm'rSupreme Court of Alabama · 1880
- Hester v. KeithSupreme Court of Alabama · 1840
- Steele v. TutwilerSupreme Court of Alabama · 1879
- Munter & Faber v. ReeseSupreme Court of Alabama · 1878
- Crowder v. MorganSupreme Court of Alabama · 1882
3Cited by2 opinions
- Fidelity & Deposit Co. v. TorianSupreme Court of Alabama · 1930
- Decker v. DeckerAlabama Court of Appeals · 1913