Wheeler v. Fuller
Alabama Court of Appeals
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by W. B. Fuller for the use, etc., against Wheeler and others, upon an appeal bond for the damages sustained by taking an appeal. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speake. Action by W. B. Fuller for the use, etc., against Wheeler and others, upon an appeal bond for the damages sustained by taking an appeal. Judgment for plaintiff and defendant appeals. The demurrers to the complaint should have been sustained, and the court erred in not ruling upon the evidence and in giving the charge for the plaintiff. — Montgomery L. Go. v. Merrick, 61 Ala. 534; Ex parte Sibert, 67 Ala. 349. The bond was good either as a statutory or common law bond. — Babcock v. Garter, 117 Ala. 576. The other matters…
1Opinion of the CourtPelham, J.
The appellee, as register in chancery, brought suit in the circuit court, for the use and benefit of one J. I. Armstrong, against the appellants, as obligors on an appeal bond executed by appellants in a case brought by appeal from the chancery court of Cull-man county to the Supreme Court of Alabama, wherein the said Armstrong was the appellee. The chancellor, prescribing the sum under section 2874 of the Code of 1907, fixed the amount of the bond in the sum of $300, and the bond was given in that amount and conditioned to pay such judgment as the Supreme Court *534might render “and all such…
2Cases cited13 opinions
- Hodge v. RamboSupreme Court of Alabama · 1908
- Brent v. BaldwinSupreme Court of Alabama · 1909
- Aetna Life Insurance v. LasseterSupreme Court of Alabama · 1907
- Thompson v. N. C. & St. L. RailwaySupreme Court of Alabama · 1909
- Ferrell v. City of OpelikaSupreme Court of Alabama · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Osborn v. RileySupreme Court of Alabama · 1976
- Jones v. Regions BankSupreme Court of Alabama · 2009
- Louisville N.R. Co. v. AtkinsonAlabama Court of Appeals · 1925
- Dempsey Ex Rel. Steverson v. GaySupreme Court of Alabama · 1933
- Decker v. DeckerAlabama Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.