Johnson v. Flint
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNstry. Tins action was brought byP. E. Flint, against Francis M. Johnson and David Stodder, and was founded on an appeal bond, which was executed by the defendants as the sureties of one Robert S. Kirk, and conditioned as follows: “Whereas the above bound Robert.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNstry. Tins action was brought byP. E. Flint, against Francis M. Johnson and David Stodder, and was founded on an appeal bond, which was executed by the defendants as the sureties of one Robert S. Kirk, and conditioned as follows: “Whereas the above bound Robert. S. Kirk has applied for and obtained an appeal, returnable to the January term, 1857, of the supreme court of Alabama, to supersede and reverse a judgment recovered by the said P. D. Flint against him, at the May term, 1856, of the city court of Mobile, for $3,710…
1Opinion of the CourtB. W. Walkeb, J.
The appellants were the sureties of Kirk on an appeal bond, the condition of which was, that Kirk shall “ prosecute to effect his suit in the supreme court, and pay and satisfy such judgment as the supreme court shall render in the premises.” The obligation of *678tbe appellants was for the performance of certain acts by a third person. In reference to obligations of this description, it is a well settled principle, that if the non-performance of the stipulated acts was occasioned by tbe conduct of the creditor, or was tbe result of an agreement between him and the principal obligor, tbe sureties…
2Cases cited2 opinions
- Mackay v. DodgeSupreme Court of Alabama · 1843
- Sasscer v. YoungCourt of Appeals of Maryland · 1834
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- Motley v. MotleySupreme Court of Alabama · 1871
- C. J. Gerlach & Bro., Inc. v. Du BoseCourt of Appeals of Texas · 1919
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