Washington v. Timberlake
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. PI. C. Speake. This action was brought by Henry Bunn and John P. Timberlake, against 'William Washington and Walter Rosser ; was commenced on the 15th April, 1875, and wás founded on an injunction bond, executed by said defendants (jointly with W. A. Austin, since deceased), and conditioned as follows: “Now, if the said Walter Rosser, William Washington and W. A. Austin, or either of them, shall pay the said…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. PI. C. Speake. This action was brought by Henry Bunn and John P. Timberlake, against 'William Washington and Walter Rosser ; was commenced on the 15th April, 1875, and wás founded on an injunction bond, executed by said defendants (jointly with W. A. Austin, since deceased), and conditioned as follows: “Now, if the said Walter Rosser, William Washington and W. A. Austin, or either of them, shall pay the said Henry Bunn and John P. Timberlake all damages they may sustain by the suing out of such injunction, if the same is…
1Opinion of the CourtStone, J.
— On the 15th day of April, 1875, the original complaint was filed in this cause, in favor of Ilenrv Bunn and John P. Timberlake. This complaint was amended June 4th, 1881. In May, 1882, the demurrer to the complaint as amended was sustained, and leave granted to file an amended complaint, which was immediately done. The amended complaint makes no alteration of the original count, or its amendment, but consists in a single count, declaring on an injunction bond, payable to the register, in the sum of five hundred dollars, “ with condition that defendants would pay plaintiff all such damages…
2Cases cited12 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Milton v. HadenSupreme Court of Alabama · 1858
- Smith v. CauseySupreme Court of Alabama · 1856
- Smith v. Kennard'sSupreme Court of Alabama · 1863
- Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Grisham v. BodmanSupreme Court of Alabama · 1895
- ROMAR DEV. v. Gulf View Management Corp.Supreme Court of Alabama · 1994
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Hewlett v. John Blue Employees Federal Credit UnionCourt of Civil Appeals of Alabama · 1976
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