Pryor v. Beck
Supreme Court of Alabama
ERROR to the Circuit Court of Montgomery. Tried before the Hon. George Goldtuwaite. This was an action of Debt, by Beck as surviving obligee, on a bond executed by Pryor and others, as securities for costs in a certain suit instituted by Margaret Batchelor against Pharr & Beck. The condition of the bond is set out verbatim in the opinion of the court, and also the breach assigned in the declaration.
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ERROR to the Circuit Court of Montgomery. Tried before the Hon. George Goldtuwaite. This was an action of Debt, by Beck as surviving obligee, on a bond executed by Pryor and others, as securities for costs in a certain suit instituted by Margaret Batchelor against Pharr & Beck. The condition of the bond is set out verbatim in the opinion of the court, and also the breach assigned in the declaration. The defendant demurred to the declaration, and his demurrer being overruled, be pleaded over, but bis pleas do not a]3pear in tbe record. The plaintiff offered in evidence a certified transcript…
1Opinion of the CourtDargan, C. J.
— Tbe declaration is upon a bond executed by Margaret Batchelor as principal, and tbe defendant and others as securities, and is subject to a condition to tbe following effect: “That whereas tbe said Margaret was prosecuting a suit against Pharr & Beck, to recover for goods sold and services rendered them by tbe intestate of tbe said Margaret: Now if she shall prosecute her suit with effect, and pay and satisfy all tbe cost that may be awarded said Pharr & Beck, and to tbe officers of tbe court, then tbe bond to be void; otherwise to remain in full force and effect.” Tbe breach of this…
2Cases cited1 opinion
- Lucas v. HitchcockSupreme Court of Alabama · 1841
3Cited by13 opinions
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. HineSupreme Court of Alabama · 1898
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Norton v. KumpeSupreme Court of Alabama · 1898
- Birmingham Ry. Light & Power Co. v. OdenSupreme Court of Alabama · 1906
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