Guild v. Thomas
Supreme Court of Alabama
Appeal from Circuit Court of Tuskaloosa. Tried before Hon. W. B. Wood. The opinion states the case. The only question raised in Bibb v. Reid, 3 Ala. 88, was whether or not a bond could be delivered as an escrow to a joint obligor, the counsel for the appellant invoking the old common law doctrine that an escrow, to be good, must be delivered to a stranger; but the court took the more modern view that it could be delivered to a co-obligor as an escrow.
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Appeal from Circuit Court of Tuskaloosa. Tried before Hon. W. B. Wood. The opinion states the case. The only question raised in Bibb v. Reid, 3 Ala. 88, was whether or not a bond could be delivered as an escrow to a joint obligor, the counsel for the appellant invoking the old common law doctrine that an escrow, to be good, must be delivered to a stranger; but the court took the more modern view that it could be delivered to a co-obligor as an escrow. Except some points of testimony, this was the only question raised by counsel and discussed by the court. We do not deny this doctrine, and it…
1Opinion of the CourtBrickell, C. J.
The demurrers to the pleas and to the replications, and the exceptions reserved to the rulings of the court, in giving or refusing instructions to the jury, present the same question. The suit is against the appellee as the surety of one McCann, on an injunction bond. The statutes require an injunction bond to be made payable to and approved by the register of the court of chancery, directed to issue the writ. The condition of the bond in case of an injunction, not issued to stay proceedings after judgment at law, as was the writ issued on the bond in suit, is for the payment of all damages…
2Cases cited2 opinions
- Bibb v. ReidSupreme Court of Alabama · 1841
- Robertson v. CokerSupreme Court of Alabama · 1847
3Cited by23 opinions
- Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
- Ex parte Goldberg & LewisSupreme Court of Alabama · 1914
- Wright v. LangSupreme Court of Alabama · 1880
- Marks v. First National BankSupreme Court of Alabama · 1885
- White Sewing Machine Co. v. SaxonSupreme Court of Alabama · 1898
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