Legal Opinion

First National Bank v. Pinson

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 4 opinions

Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. The First National Bank of Gadsden, for the use of Thomas L. Johnson, brought an action against B. T. Pinson, as principal, and D. C. Savage and J. H. Savage as sureties on a forthcoming bond, to recover damages for the breach of the conditions of said bond; the amount of damages claimed being $110. The cause was tried by the court' without the intervention of a jury, and judgment was rendered by…

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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. The First National Bank of Gadsden, for the use of Thomas L. Johnson, brought an action against B. T. Pinson, as principal, and D. C. Savage and J. H. Savage as sureties on a forthcoming bond, to recover damages for the breach of the conditions of said bond; the amount of damages claimed being $110. The cause was tried by the court' without the intervention of a jury, and judgment was rendered by the court in favor of the plaintiff for the sum of $27.50. The defendant moved to set aside said judgment, and to…

1Opinion of the CourtHead, J.

Section 2739 of the Code, which requires a dismissal of the suit, in actions upon monied demands, where the recovery is for less than the sum of which the court has jurisdiction, unless the prescribed affidavit is made, applies to all actions ex contractu. King v. Parmer, 34 Ala. 416, by a divided court, excepted from the operation of the statute actions for torts. It will not bear any further exception.—McClure v. Lay, 30 Ala. 208; Mills v. Long, 58 Ala. 460. The affidavit required is prescribed in very plain terms. It must state that the amount sued for is actually due. We have no authority…

2Cases cited3 opinions

  1. King v. ParmerSupreme Court of Alabama · 1859
  2. McClure v. LaySupreme Court of Alabama · 1857
  3. Bethune v. OatesSupreme Court of Alabama · 1877

3Cited by4 opinions

  1. Alabama Great Southern R. Co. v. LawlerSupreme Court of Alabama · 1925
  2. Bullock v. MasonSupreme Court of Alabama · 1915
  3. Black v. RyanSupreme Court of Alabama · 1915
  4. Woodward Iron Co. v. KellerSupreme Court of Alabama · 1917

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