Ward v. Hood
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. J. A. Bilbro. S. M. Hood sued Charles P. Ward and others, on a replevy bond. The facts are stated in the opinion. Charge 4 refused to defendant is as follows: “If the jury believe the evidence plaintiff is not entitled to recover for money had for use of plaintiff.” contended that the court erred in refusing the 4th written charge of defendant, citing King v. Martin, G7 Ala. 177; P. & M. Ins.
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Appeal from Cherokee Circuit Court. Tried before Hon. J. A. Bilbro. S. M. Hood sued Charles P. Ward and others, on a replevy bond. The facts are stated in the opinion. Charge 4 refused to defendant is as follows: “If the jury believe the evidence plaintiff is not entitled to recover for money had for use of plaintiff.” contended that the court erred in refusing the 4th written charge of defendant, citing King v. Martin, G7 Ala. 177; P. & M. Ins. Go. v. Tunstall, 72 Ala. 142; 89 Ala. 641; 90 Ala. 347; 96 Ala. 453. — IiepleA'y bond not oid. — only the condition of it. Hughes v. Edwards, 9…
1Opinion of the Court
DOWDELL, J.-
— The repleAry bond sued on in this case Avas executed by the appellant, Charles I’. Ward, as a surety with Simpson, Glover & Hight as. principal obligors in the bond. The bond contained the usual conditions of a statutory replevy bond to have the property replevied forthcoming to satisfy the judgment rendered. The five bales of cotton, the property replevied, had been levied upon under tAvo attachments sued out in the justice court by the appellee, S. M. Hood, against one J. B. Davis, to enforce the landlord’s lien for rent. At the date of the execution of the replevy bond,…
2Cases cited2 opinions
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Adler v. PotterSupreme Court of Alabama · 1877
3Cited by10 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Christie v. DurdenSupreme Court of Alabama · 1921
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Cowart v. FenderSupreme Court of Georgia · 1912
- Wilkins v. WillimonSupreme Court of South Carolina · 1924
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