Meredith v. Richardson
Supreme Court of Alabama
Writ of Error from the Circuit Court of Sumter. Assumpsit, by Meredith, as the executor of the last will of James E. Jones, against Richardson & O’Neal, for money paid by his testator for them, and for money had and received to his use.
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Writ of Error from the Circuit Court of Sumter. Assumpsit, by Meredith, as the executor of the last will of James E. Jones, against Richardson & O’Neal, for money paid by his testator for them, and for money had and received to his use. Among other pleas, the defendants pleaded as follows, viz : Actio non, because they say, that on the 3d of April, 1839, they, in the circuit court of Sumter county, Alabama, recovered a judgment against John Lunsford and William H. Carter, for $2,191 86, which said judgment, on the 6th January, 1840, was affirmed in the supreme court, with ten per cent,…
1Opinion of the CourtGoldthwaite, J.
1. The bond, by means of which the defendants in this cause claim to retain the money collected by them from the plaintiff, was declared defective as a statutory forthcoming bond, in Lunsford v. Richardson, 5 Ala. Rep. 618, and the principal question now is, can it be available as a common law obligation, against the plaintiff’s *835suit to recover back the money made by the sale of the property of his testator, on the void or irregular execution. In our judgment, it is not very material to inquire, whether the execution on the bond was absolutely void, or only irregular, as the form of action…
2Cases cited7 opinions
- Penter v. Staight & BeaversWashington Supreme Court · 1890
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Lunsford v. RichardSupreme Court of Alabama · 1843
- Breed v. EatonMassachusetts Supreme Judicial Court · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Adler v. PotterSupreme Court of Alabama · 1877
- Palmer v. VanceCalifornia Supreme Court · 1859
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Woodward v. BinghamSupreme Court of Oklahoma · 1910
10 more not listed; retrieve them via the Exa API.