Lyon v. Odom
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. Thomas A. "WALKER. This action was brought by Jesse T. Odom, against John Lyon and Garrett Longmire, and was founded on a penal bond, which was conditioned that Lyon should indemnify Odom “against all damages and costs ” that might be incurred by him, as the surety of one Leroy A. Kidd, on his official bond as the administrator of Joseph K. Kush, deceased; and which was executed in pursuance of a decree of the…
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Appeal from the Circuit Court of Monroe. Tried before the Hon. Thomas A. "WALKER. This action was brought by Jesse T. Odom, against John Lyon and Garrett Longmire, and was founded on a penal bond, which was conditioned that Lyon should indemnify Odom “against all damages and costs ” that might be incurred by him, as the surety of one Leroy A. Kidd, on his official bond as the administrator of Joseph K. Kush, deceased; and which was executed in pursuance of a decree of the chancery court of Monroe, in a cause then pending therein between Odom, Lyon and Kidd, by which it was ordered, that a…
1Opinion of the CourtStone, J.
— It is one of the admitted facts in this record, that Odom paid the money which he seeks to recover out of Lyon, and for which he obtained a judgment in the court below. "Whether he paid it without authority, or under legal coercion, is the question on which the result of this case must depend.
It is here argued for appellant, that the appointment of James P. Bush, as administrator cle bonis non of the estate of Joseph K. Bush, deceased, was and is void, because the record does not show the jurisdictional facts. There is nothing in this record which enables us to determine this question, in…
2Cases cited4 opinions
- William C. S. Ventress, Executors of Lovic Ventress, Deceased, in Error v. Neal Smith, Administrator of John Clark, DeceasedSupreme Court of the United States · 1836
- Kelly's Adm'r v. Kelly's DistributeesSupreme Court of Alabama · 1846
- Nolly v. WilkinsSupreme Court of Alabama · 1847
- Parmer v. BallardSupreme Court of Alabama · 1831
3Cited by4 opinions
- Baker v. BarcliftSupreme Court of Alabama · 1884
- Cunningham v. ThomasSupreme Court of Alabama · 1877
- Bank of Mobile v. Mobile & Ohio RailroadSupreme Court of Alabama · 1881
- Bogia v. DardenSupreme Court of Alabama · 1867