Campbell v. May
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hou. Nat. Cook. The appellee in this case obtained judgment against James H. Campbell, in the circuit court of Dallas, on the 13th November, 1851, for $734 93. An execution was issued on this judgment, which was stayed by the execution of a bond by the defendant, with Andrew J. Campbell as his surety. On the 23d April, 1853, said James H. Campbell transferred to Mess.
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Appeal from the Circuit Court of Dallas. Tried before the Hou. Nat. Cook. The appellee in this case obtained judgment against James H. Campbell, in the circuit court of Dallas, on the 13th November, 1851, for $734 93. An execution was issued on this judgment, which was stayed by the execution of a bond by the defendant, with Andrew J. Campbell as his surety. On the 23d April, 1853, said James H. Campbell transferred to Mess. Lapsley & Hunter, agents and attorneys of said plaintiff, “his claim for services as special register in the case of Pearson and others v. Dar-lington and others,” under…
1Opinion of the CourtStone, J.
— We do not think there is anything in the point, that the record in this case contains no fiat, granted by a judge of the circuit court, authorizing the issue of a supersedeas. The bond recites that such order was made, and we think this sufficient evidence of the fact. — See Henderson v. Bank of Montgomery, 11 Ala. 855-59; Mead v. Figh, 4 Ala. 279; Meredith v. Richardson, 10 Ala. 829.
The demurrer to the petition for supersedeas was rightly sustained. The plain, unmistakable language of the.agreement signed by Messrs. Lapsley & Hunter, contains two distinct, and, as we think, alternate…
2Cases cited3 opinions
- Mead v. FighSupreme Court of Alabama · 1842
- Henderson v. Bank at MontgomerySupreme Court of Alabama · 1847
- Ex parte GrantSupreme Court of Alabama · 1844
3Cited by6 opinions
- Jean v. SandifordSupreme Court of Alabama · 1864
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Kalb-Glibert Lumber Co. v. CramWashington Supreme Court · 1910
- Rose v. PearsonSupreme Court of Alabama · 1867
- Stewart v. WarfieldSupreme Court of Alabama · 1861
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