Dubberly v. Black's Adm'r
Supreme Court of Alabama
Appeal from the Circuit iCourfc of Macon. Tried before the Hon. Eüíiert ‘Dou&herty. This action was ■eominéhcecl by á -hotibb, ’'ivhich, afe amended, was in the following words is “To Allen DubberlyYou are 'hereby notified, that whereas David Cannon heretofore, to-wit, at the October term of the circuit court of Montgomery 'cohnty, oh (to-wit) the 31st October, 1842, at (to-wit) in said county of Montgomery, recovered a judgment against .yóü, the said Allen Dubberly, for the…
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Appeal from the Circuit iCourfc of Macon. Tried before the Hon. Eüíiert ‘Dou&herty. This action was ■eominéhcecl by á -hotibb, ’'ivhich, afe amended, was in the following words is “To Allen DubberlyYou are 'hereby notified, that whereas David Cannon heretofore, to-wit, at the October term of the circuit court of Montgomery 'cohnty, oh (to-wit) the 31st October, 1842, at (to-wit) in said county of Montgomery, recovered a judgment against .yóü, the said Allen Dubberly, for the sum of $343 50, and costs of suit in that behalf; and whereas, also, on the 16th May, 18.45, youvthg.,said,Allen…
1Opinion of the CourtA. J. Walker, C. J.
In this- case, a surety on an injunction bond, executed in 1845, proceeds by notice against his principal, to obtain a judgment for money paid by him as such surety. It is- objected to the notice, that it fails to show that an injunction ever issued. The amended complaint expressly avers, that the plaintiffs principal obtained from a circuit judge anfinj unction. We think this averment involves the assertion that an injunction issued. — Ex parte Greene v. Graham, 29 Ala. 52; Const, of Ala., article 5, § 8. The same subject "was presented in a charge requested. The court charged-the jury, upon…
2Cases cited3 opinions
- Ex parte GreeneSupreme Court of Alabama · 1856
- Wiswell v. MunroeSupreme Court of Alabama · 1842
- Shorter's Adm'r v. MimsSupreme Court of Alabama · 1851
3Cited by3 opinions
- Henderson v. Planters & M. BankSupreme Court of Alabama · 1912
- Chapman, Lyon & Noyes v. CowlesSupreme Court of Alabama · 1867
- Ronald L. Cooper v. MTA, Inc.Supreme Court of Alabama · 2014