Harrison v. Hamner
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Heard before the Hon. John H. Disque. This is an appeal from the judgment of the City Court of Gadsden overruling a motion to quash an execution issued on a forfeited replevy bond. The appellee, D. T. Hamner, brought an action for detinue against one J. A. Powers, for certain described property.
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Appeal from the City Court of Gadsden. Heard before the Hon. John H. Disque. This is an appeal from the judgment of the City Court of Gadsden overruling a motion to quash an execution issued on a forfeited replevy bond. The appellee, D. T. Hamner, brought an action for detinue against one J. A. Powers, for certain described property. The property was seized by the Sheriff, and upon the said Powers giving a replevy bond for certain portions of the property, with the appellants as his sureties thereon, the property was delivered back to said Powers. Judgment was rendered in the detinue suit…
1Opinion of the Court
STONE, C. J.-
The replevin bond given in this case is clearly not a statutory bond, upon which a summary execution! could issue, when the sheriff returned the bond forfeited. The execution was therefore irregular, and subject to be quashed on a proper motion. Code of lb86, § 2721; Lunsford v. Richardson, 5 Ala. 618; Moffett v. Br. Bank of Mobile, 7 Ala. 593; Br. Bank v. Darrington, 14 Ala. 192; Russell v. Locke, 57 Ala. 420. The bond, however, is a good common law obligation, and will support an action for its breach. Wood v. Coman, 56 Ala. 283; Masterson v. Matthews, 60 Ala. 260; Ernst v.…
2Cases cited7 opinions
- Masterson v. MatthewsSupreme Court of Alabama · 1877
- Wood v. ComanSupreme Court of Alabama · 1876
- Lunsford v. RichardSupreme Court of Alabama · 1843
- Ernst Bros. v. HogueSupreme Court of Alabama · 1888
- Moffitt v. Branch Bank of MobileSupreme Court of Alabama · 1845
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3Cited by12 opinions
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