Adkins v. Allen
Supreme Court of Alabama
William B. Allen obtained an attachment against Peter M'Laren. which was levied on his goods. M'Laren with Allen Adkins, E. R. Byrd and William Barksdale as his securities, executed their bond in September, 1821, to replevy the goods, agreeably to the proyisions of the act 0f 1818. a Said bond was made payable to the sheriff in the penalty of $686. In March 1822, Allen recovered in the attachment a judgement against McLaren for $322 50, and in September, 1822, commenced an…
Read the full summary
William B. Allen obtained an attachment against Peter M'Laren. which was levied on his goods. M'Laren with Allen Adkins, E. R. Byrd and William Barksdale as his securities, executed their bond in September, 1821, to replevy the goods, agreeably to the proyisions of the act 0f 1818. a Said bond was made payable to the sheriff in the penalty of $686. In March 1822, Allen recovered in the attachment a judgement against McLaren for $322 50, and in September, 1822, commenced an action of debt on said bond in tbe Circuit Court of Dallas county, in his own name as assignee of the sheriff against…
1Opinion of the Court
By LIPSCOMB, Chief Justice.
The plaintiff discontinued as to M‘Laren, and declared against his securities ; and from aught that appears in the record, judgement was rendered on the verdict of a jury at the return term of the writ, for six hundred and eighty-six dollars debt, and five cents damages, the debt being the precise amount of the bond, and something more than double the amount of the judgement recovered against M‘Laren. From this statement, it is very clear that there is sufficient error to reverse the judgement. It has been decided at the previous term of this Court, that it is error…
2Cited by14 opinions
- Plunkett v. DendySupreme Court of Alabama · 1916
- Crawford v. MillsSupreme Court of Alabama · 1918
- Hall v. CannteSupreme Court of Alabama · 1853
- Kinney v. MallorySupreme Court of Alabama · 1842
- Slade v. StreetSupreme Court of Alabama · 1884
9 more not listed; retrieve them via the Exa API.