Mitchell v. Ingram
Supreme Court of Alabama
Appeal from the Circuit'Court of Tallapoosa. Tried before the Hon. Robert Dougherty. This action was brought by Robert A. Ingram, against W. M. A. Mitchell and John T. Leftwich, and was founded ou a penal' bond, the condition of which was as follows : “The condition of this obligation is such, that if the above bound W. M. A. Mitchell do pay, or cause to be paid, to Hugh Lockett, the sheriff of said county, the sum of $192, the amount of an attachment in the office of said…
Read the full summary
Appeal from the Circuit'Court of Tallapoosa. Tried before the Hon. Robert Dougherty. This action was brought by Robert A. Ingram, against W. M. A. Mitchell and John T. Leftwich, and was founded ou a penal' bond, the condition of which was as follows : “The condition of this obligation is such, that if the above bound W. M. A. Mitchell do pay, or cause to be paid, to Hugh Lockett, the sheriff of said county, the sum of $192, the amount of an attachment in the office of said sheriff against A. D. Waller, in favor of R. A. Ingram, and the' costs that may accrue in said attachment, or deliver…
1Opinion of the CourtA. J. Walker, C. J.
A reply*, to all the objections made to the complaint in the court .below, is found in the incontrovertible proposition, that the bond is good at common law, although, by reason of its non-conformity to some statutory requisitions, it cannot be enforced in the summary manner pointed out by the statute. — Meredith v. Richardson, 10 Ala. 828 ; Whitsett v. Womack, 8 Ala. 466 ; Branch Bank at Mobile v. Darrington, 14 Ala. 192; Alston v. Alston, 34 Ala. 15.
[2.] The omission of seventy-four cents in the description of the attachment, is an immaterial variance. The attachment, “ and the description…
2Cases cited12 opinions
- Alston v. AlstonSupreme Court of Alabama · 1859
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Meredith v. RichardsonSupreme Court of Alabama · 1846
- Mead v. FighSupreme Court of Alabama · 1842
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Amarillo Nat. Bank. v. SanbornCourt of Appeals of Texas · 1914
- Person v. ThorntonSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.