First National Bank v. Cheney
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellee, A. D. Cheney, against the First National Bank of Anniston, to recover $4,000 for the breach of the conditions of a bond made by the defendant and payable to the plaintiff in the sum of $4,452.42, whicli bond was conditioned as follows: “Whereas, the above bounden First National Bank of Anniston has this day prayed for and obtained an attachment against the…
Read the full summary
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellee, A. D. Cheney, against the First National Bank of Anniston, to recover $4,000 for the breach of the conditions of a bond made by the defendant and payable to the plaintiff in the sum of $4,452.42, whicli bond was conditioned as follows: “Whereas, the above bounden First National Bank of Anniston has this day prayed for and obtained an attachment against the estate of said A. D. Cheney for the sum Of twehty-two hundred and twenty-six 2-100 dollars returnable to the -city…
1Opinion of the CourtBrickell, C. J.
The case comes before the court, primarily, on an application for a mandamus to compel the judge of the city court of Anniston, to enter an order dismissing a suit commenced in that court by A. D. Cheney against the First National Bank of Anniston, and to vacate an order which had been entered, overruling a motion for a dismissal. At the time of- the' commencement of the suit Cheney was-a non-resident of the State, and failed to give security for the costs of suit. If the neglect to give the security required the dismissal of the suit, mandamus is an appropriate remedy to compel it; though on…
2Cases cited6 opinions
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
- Ex parte ColeSupreme Court of Alabama · 1856
- Ex parte ElstonSupreme Court of Alabama · 1854
- Ex parte MorganSupreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Tucker v. Tombigbee Healthcare AuthoritySupreme Court of Alabama · 2014
- Ex parte WattersSupreme Court of Alabama · 1913
- Pinsky v. DuncanCourt of Appeals for the Second Circuit · 1990
- Sender v. MontoyaNew Mexico Supreme Court · 1963
28 more not listed; retrieve them via the Exa API.