Mason v. Mason
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Mattie Mason against John Mason and others for breach of the conditions of a bond. Judgment for plaintiff and defendant appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Mattie Mason against John Mason and others for breach of the conditions of a bond. Judgment for plaintiff and defendant appeals. The demurrers should have been sustained, since it appeared from the complaint that this was a second, suit on the same bond, and was for damages which accrued since the date of the last judgment. — Liddell v. Ohidester, 84 Ala. 508; Fail v. McGree, 36 Ala. 61; R. R. Go. v. Senline, 56 Ala. 368; R. R. Go. v. Robinson, 109 Ala. 296; 23 Cyc. 1174; 1 Ene. P. & P. 148-153. If breaches occur…
1Opinion of the Court
WALKER, P. J. —
This was an action against the sureties on a bond in the sum of $500, made to the plaintiff (the appellee here) in consideration of the dismissal of bastardy proceedings instituted by her against the principal in the bond, whereby the obligors agreed to pay said amount unless the principal obligor fully complied with his agreement “to marry the said Mattie Cooley and properly maintain her during life and to support and maintain the child till it becomes 21 years old” the bond containing a provision that it should become void in the event of the death of the principal obligator.…
2Cases cited9 opinions
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Wood v. WoodSupreme Court of Alabama · 1901
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jay v. StateAlabama Court of Appeals · 1916
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
- Continental Trust Co. v. Tallassee Falls Mfg. Co.District Court, M.D. Alabama · 1915