Wetumpka & Coosa Rail Road v. Bingham
Supreme Court of Alabama
Enít¿>R to the circuit court of Autauga. This proceeding consisted of eight cases, originally commenced by the defendant in error, before a justice of the peace, against the company, to recover the amount of a draft of the following tenor.
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Enít¿>R to the circuit court of Autauga. This proceeding consisted of eight cases, originally commenced by the defendant in error, before a justice of the peace, against the company, to recover the amount of a draft of the following tenor. Wetumpka and Coosa Rail Road, ) President’s Office, April 30, 1838. ) Dr. A. Crenshaw — Sir, On demand, pay William R. Bingham, or bearer, forty-five dollars, value received, and charge to account of your, Obedient servant, J. D. Williams, Pres’t. To A. Crenshaw, Treasurer. The justice having rendered judgments against the company, the latter appealed, when…
1Opinion of the CourtOrmond, J.
It is very clear, we think, that the judgment rendered against the sureties of the Rail Road Company, cannot be sustained.
The statute, [Aik. Dig. 2S0,] provides that a party against whom a judgment is rendered by a justice of the peace, may prosecute an appeal to the circuit court, upon giving bond with surety, and that if the judgment of the justice is affirmed, judgment shall be entered against the surety, as well as the principal, and execution issue against both or either.
The Rail Road Company having appeared and pleaded in the circuit court, may be considered as having waived the…
2Cases cited4 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Randolph v. ParishSupreme Court of Alabama · 1839
3Cited by6 opinions
- Louisville & Nashville Railroad v. State ex rel. GraySupreme Court of Alabama · 1907
- Wiers v. TreeseSupreme Court of Oklahoma · 1911
- Denman v. BrennamenSupreme Court of Oklahoma · 1915
- Butler v. WadleyIndiana Supreme Court · 1860
- Hanson v. District Court of Third Judicial District in & for Salt Lake CountyUtah Supreme Court · 1943
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