Russell v. Locke
Supreme Court of Alabama
Appkal from Circuit Court of Bullock. Tried before the Hon. H. D. CLAYTON. This was an attachment suit brought by Jesse Locke, administrator of M. B. Locke, deceased, against one Kerse Russell. The “replevin” bond in question is set out in the bill of exceptions as follows: “ The State of Alabama, Pike county.
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Appkal from Circuit Court of Bullock. Tried before the Hon. H. D. CLAYTON. This was an attachment suit brought by Jesse Locke, administrator of M. B. Locke, deceased, against one Kerse Russell. The “replevin” bond in question is set out in the bill of exceptions as follows: “ The State of Alabama, Pike county. I, Kerse Russell, and J. O. Adams, and principal obligor, as defendant, in a suit by attachment issued by George Williamsj clerk of the Circuit Court of Bullock county, on the 30th day of November, 1871, returnable to a term of the Circuit Court for said county, to be held at Union…
1Opinion of the CourtStone, J.
The sole question presented by this record .arises on a motion to quash the replevin bond. We think the bond given is not a good statutory bond under section. 2964 of the Revised Code, and that no execution could properly issue upon it under section 2966. . It fails to describe sufficiently the process under which the levy was made; and, consequently, any statutory execution issued on the endorsement of such bond forfeited, would be quashed on motion.—Lunsford v. Richardson, 5 Ala. 618; Moffitt v. Br. Bank, 7 Ala. 593; Br. Bank v. Darrington, 14 Ala. 192; Nicolson v. Burke, 15 Ala. 353;…
2Cases cited8 opinions
- Meredith v. RichardsonSupreme Court of Alabama · 1846
- Williamson v. WoolfSupreme Court of Alabama · 1861
- Mitchell v. IngramSupreme Court of Alabama · 1862
- Lunsford v. RichardSupreme Court of Alabama · 1843
- Shorter's Adm'r v. MimsSupreme Court of Alabama · 1851
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3Cited by3 opinions
- Harrison v. HamnerSupreme Court of Alabama · 1892
- Braswell v. WatkinsSupreme Court of Alabama · 1927
- Winkle v. AndersonSupreme Court of Alabama · 1932