Jesse French Piano & Organ Co. v. Bradley
Supreme Court of Alabama
Appeal from tlie Circuit Court of Butler. I-IearcL before the Hon. J. C. Richardson. Tlie proceeding's in this case were had upon a. petition filed by .the Jesse French Piano & Organ Company against the appellee, D. I. Bradley, in which the petitioner prayed that a writ of supersedeas be issued out of the circuit court of Butler county, suspending an execucution issued upon a summary judgment rendered upon a replevin bond which was returned forfeited by the sheriff.
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Appeal from tlie Circuit Court of Butler. I-IearcL before the Hon. J. C. Richardson. Tlie proceeding's in this case were had upon a. petition filed by .the Jesse French Piano & Organ Company against the appellee, D. I. Bradley, in which the petitioner prayed that a writ of supersedeas be issued out of the circuit court of Butler county, suspending an execucution issued upon a summary judgment rendered upon a replevin bond which was returned forfeited by the sheriff. The averments of the petition are sufficiently set forth in the opinion. The defendant demurred to the petition upon the…
1Opinion of the CourtDowdell, J.
This is a petition for a supersedeas of an execution issued by the clerk of the circuit court on a statutory replevin bond in a detinue suit, which, said bond had been returned by the sheriff as forfeited. A demurrer ivas sustained to the petition, and, upon failure of tlie petitioner to further plead, the petition was dismissed. From the judgment of the court dismissing' the petition, this appeal is prosecuted.
There is but one assignment of error, and this is based on the ruling of the court in sustaining the demurrer. The petition among other things shows that the petitioner, -who was the…
2Cases cited8 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Branch Bank at Mobile v. ColemanSupreme Court of Alabama · 1852
- Thompson v. LassiterSupreme Court of Alabama · 1888
- Edwards v. LewisSupreme Court of Alabama · 1849
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3Cited by10 opinions
- Leath v. ListerSupreme Court of Alabama · 1937
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- Gibson v. Elba Exchange BankSupreme Court of Alabama · 1957
- Campbell v. ByersAlabama Court of Appeals · 1912
- Jaffe v. LeathermanSupreme Court of Alabama · 1930
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