Legal Opinion

Zeigler v. David

Supreme Court of Alabama

Decided June 15, 1853PublishedCited by 16 opinions

Error to the Circuit Court of Autauga. Tried before the Hon. Geo. D. Shortridge. The facts will sufficiently appear from the opinion of tho court. 1. The declaration should show that there was an order of the court in which the chancery suit was pending, dismissing tho bill, and that the defendant have leave to bring suit on the injunction bond, and an order that defendant have leave to withdraw the bond for the purpose of bringing suit on it. 2. The declaration should show…

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Error to the Circuit Court of Autauga. Tried before the Hon. Geo. D. Shortridge. The facts will sufficiently appear from the opinion of tho court. 1. The declaration should show that there was an order of the court in which the chancery suit was pending, dismissing tho bill, and that the defendant have leave to bring suit on the injunction bond, and an order that defendant have leave to withdraw the bond for the purpose of bringing suit on it. 2. The declaration should show that plaintiffs in error had notice of the dismissal of tho bill, and that the bill was dismissed on a hearing on the…

1Opinion of the CourtChilton, C. J.

This was an action of debt brought by Henry P. David against the plaintiffs in error, Edward J. Zeigler and W. T. Hall, to recover upon a bond in the penalty of five thousand dollars, executed by them and William K. Pickett, on the 14th day of January, 1848, payable to said David, and containing a condition ££ to indemnify said David for all costs and damages he may wrongfully sustain by the suing out certain process issuing from the register of the Chancery Court in Wetumpka, by the order of a circuit judge, acting as chancellor pro hac vice; by which order certain negro slaves were required…

2Cases cited1 opinion

  1. Bell v. PharrSupreme Court of Alabama · 1845

3Cited by16 opinions

  1. Mahone v. WilliamsSupreme Court of Alabama · 1863
  2. Durden v. McWilliamsSupreme Court of Alabama · 1858
  3. National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
  4. O'Connor v. ChamberlainSupreme Court of Alabama · 1877
  5. Gunn v. Samuel's Adm'rSupreme Court of Alabama · 1858

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