Meriwether v. Lowndes County
Supreme Court of Alabama
Appeal from tlie Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought in the name of Lowndes County, against Mrs. it.
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Appeal from tlie Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought in the name of Lowndes County, against Mrs. it. L. Meriwether, as the administratrix of the estate of her deceased husband, J. N. Meriwether; and was founded on a bond which he had executed on the 12th April, 1887, with two sureties (who were not sued), conditioned as follows: “Whereas said J. N. Meriwether hereby agrees, for the consideration hereinafter named, to be paid by said county, to build, and for five years to keep in repair, a bridge fur said county over Dry Cedar Creek,” at a place…
1Opinion of the Court
SOMERVILLE, L
The bond of the defendant’s intestate, which is here sued on, for the consideration specified, bound him by covenant, not only to build the bridge contracted for by the county of Lowndes, but also for five years to keep the structure in repair. The express condition of the undertaking is, that said bridge shall be “kept in good repair” by the obligor, and shall “remain safe continuously from the time of its acceptance [ by the county], for the period of five years, for the passage of travellers and other persons, as well as for all purposes for which said bridge may be.properly…
2Cases cited5 opinions
- Warren v. WagnerSupreme Court of Alabama · 1883
- Nave v. BerrySupreme Court of Alabama · 1853
- Abby v. BillupsMississippi Supreme Court · 1858
- James v. Conecuh CountySupreme Court of Alabama · 1885
- Gelston v. WhitesidesCalifornia Supreme Court · 1853
3Cited by10 opinions
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
- Castleman v. KnightSupreme Court of Alabama · 1927
- Kanzius v. JenkinsSupreme Court of Kansas · 1916
- Mitchell v. Hancock CountyMississippi Supreme Court · 1907
- Hovater v. Franklin CountySupreme Court of Alabama · 1928
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