Bolling v. Tate
Supreme Court of Alabama
ApReal from the Circuit Court of- Butler. Tried before the Hon. J. W. Posey, an attorney of the court, selected by the parties on account of the disqualification, of the presiding judge, who was related to one of the parties.
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ApReal from the Circuit Court of- Butler. Tried before the Hon. J. W. Posey, an attorney of the court, selected by the parties on account of the disqualification, of the presiding judge, who was related to one of the parties. This action was brought in the name of the register in chancery, suing for the use of Walter Tate, against Samuel J. Bolling and Henry M. Caldwell, sureties on an injunction bond for Holden Evans; and was commenced on the 31st October, 1877. The condition of the bond was in these words: “ Whereas, Holden Evans has this day filed his bill of complaint in the office of the…
1Opinion of the CourtStone, J.
— The present suit was brought by Tate, against the sureties of Evans, on the injunction bond which was *422executed by the latter, to obtain .the injunction which was dissolved by the order of this court, in Tate v. Evans, 54 Ala. 16. To obtain an injunction, such as was granted in that cause, the party applying is required by the statute to give bond, “ conditioned to pay all damages which any person may sustain by the suing out of such injunction, if the same is dissolved.” — Code of 1876, § 3871. The condition of the bond given, sued on in this action, is to pay “ all damages which any person…
2Cases cited22 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Edwards v. BodineNew York Court of Chancery · 1844
- Seay v. GreenwoodSupreme Court of Alabama · 1852
- Pettit v. MercerCourt of Appeals of Kentucky · 1847
- Tate v. EvansSupreme Court of Alabama · 1875
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3Cited by33 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- State ex rel. Citizen's National Bank v. GrahamWest Virginia Supreme Court · 1910
- Foster v. NapierSupreme Court of Alabama · 1883
- Snow v. Schomacker Manufacturing Co.Supreme Court of Alabama · 1881
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
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