Waite v. Ward
Supreme Court of Alabama
Action for Unlawful Detainer. Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. Action for unlawful detainer, by Otho Ward against R. H. Waite, commenced in a justice’s court'on the 15th January, 1884, and carried by appeal by the defendant to the Circuit Court, where the plaintiff again recovered judgment against the defendant and the sureties on his appeal bonds.
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Action for Unlawful Detainer. Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. Action for unlawful detainer, by Otho Ward against R. H. Waite, commenced in a justice’s court'on the 15th January, 1884, and carried by appeal by the defendant to the Circuit Court, where the plaintiff again recovered judgment against the defendant and the sureties on his appeal bonds. The appeal to this court is sued out by the sureties, and they assign as error the rulings and judgment against them, on the facts stated in the opinion.
1Opinion of the CourtStone, C. J.
— In Ullman v. Herzberg, and in Lykes v. Schwarz, at the present term (91 Ala. 458, 461), we íiad occasion to consider and interpret the statutes which prescribe the bonds to be given on appeals from justice’s judgments in forcible and unlawful detainer. — Code of 1876, §§ 3710, 3711; Code of 1886, §§ 3399, 3401. It will be discovered that the section first named in each Code prescribes the condition of the appeal bond proper — the bond which carries the case to a higher court, for another trial on the merits. The liability incurred by the execution of bonds of this class corresponds to the…
2Cases cited2 opinions
- Ullman & Co. v. HerzbergSupreme Court of Alabama · 1890
- Walker v. HunterSupreme Court of Alabama · 1859
3Cited by2 opinions
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- Rich v. LowenthalSupreme Court of Alabama · 1892