Hale v. Goodbar, White & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Heard before the Hon. James Aiken. The appellees, Goodbar, White & Co., sued out an attachment against one J. B. Mackey, which was levied on a stock of goods, and the appellant, J. B. Hale, filed a claim bond for said goods, with the other appellants, L. D. Hale and James Bothwell, as his sureties thereon.
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Appeal from the Circuit Court of Etowah. Heard before the Hon. James Aiken. The appellees, Goodbar, White & Co., sued out an attachment against one J. B. Mackey, which was levied on a stock of goods, and the appellant, J. B. Hale, filed a claim bond for said goods, with the other appellants, L. D. Hale and James Bothwell, as his sureties thereon. On the trial of the claim suit, the issue was decided and judgment rendered against the claimant, and the claim bond having been returned “ forfeited,” execution issued thereon against the claimant and his sureties. The claimant and his sureties…
1Opinion of the CourtStone, C. J.
— This was a second application made to the judge of the ninth judicial circuit, for the supersedeas and quashal of an execution. Under the petition first filed a trial was had, and the court denied all relief to the petitioners, and dismissed their petition. There was no appeal from that judgment, and the same remains in force. It is not denied in this application that the trial then had was upon the merits. The petition now before us sets forth the foregoing facts, and admits the parties and the subject-matter in that case and in this are the same. It offers as an excuse for not appealing…
2Cases cited5 opinions
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- McCall v. JonesSupreme Court of Alabama · 1882
- Posey v. BealeSupreme Court of Alabama · 1881
- Blake v. HarlanSupreme Court of Alabama · 1883
- Judge v. StateSupreme Court of Alabama · 1877
3Cited by4 opinions
- Turner v. WhiteSupreme Court of Alabama · 1892
- Bradberry v. StateSupreme Court of Alabama · 1910
- Faust v. BakerAlabama Court of Appeals · 1943
- Hughes v. Albertville Mercantile Co.Supreme Court of Alabama · 1911