Crump v. Wallace
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. The record does not show the name of the presiding judge. Trespass to trt titles, as also to recover possession of a tract of land lying in Shelby county, which the plaintiffs claimed as heirs-at-law of Francis Shrader, deceased; George Reeves and Rutha, his wife, being named in the writ and declaration as two of the plaintiffs.
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Appeal from the Circuit Court of Shelby. The record does not show the name of the presiding judge. Trespass to trt titles, as also to recover possession of a tract of land lying in Shelby county, which the plaintiffs claimed as heirs-at-law of Francis Shrader, deceased; George Reeves and Rutha, his wife, being named in the writ and declaration as two of the plaintiffs. The defendant pleaded, 1st, not guilty ; and, 2dly, that George Reeves, one of the plaintiffs in this .suit, was dead at and before the commencement of the suit. Tlip plaintiffs demurred to the second plea, but their demurrer…
1Opinion of the Court
CHILTON, O.
1. The motion to dismiss the appeal, or to strike the cause from the docket, cannot prevail. True, the security for the cost, which forms the ground of the motion, is not very forma], but it embraces the cost of the appeal; and although it says, *■ for all the plaintiffs except —Eeeves” *280it is sufficient, since security given for the cost of the appeal by one appellant, is as good as if given by all. The specifying of the person for whom the parties to the bond stand surety for the cost, is but a designation of their principals, to whom, they would have the right to look for…
2Cases cited4 opinions
- Baker v. Heirs of ChastangSupreme Court of Alabama · 1850
- Jenks v. EdwardsSupreme Court of Alabama · 1844
- Chiles v. Bridges' HeirsCourt of Appeals of Kentucky · 1821
- Hall v. HolcombeSupreme Court of Alabama · 1855
3Cited by6 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- Mayfield v. Court of County Com. Tuscaloosa CountySupreme Court of Alabama · 1906
- Dees v. Lindsey Mill Co.Supreme Court of Alabama · 1923
- Marshall v. CroomSupreme Court of Alabama · 1874
- Federal Land Bank v. Southmont Mfg. Co.Supreme Court of Alabama · 1929
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