Dunn v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. The record does not show the name of the presiding judge. This action was brought by Josiah Dunn and others, against Bennett Davis and others; and was founded on a penal bond, dated the 19th September, 1849, and conditioned as follows: “"Whereas the above bound Bennett Dav,is has this day filed in the chancery court for said county his original bill against the said Dunn, Parker and wife, and Beavers, and, amongst other things, prayed…
Read the full summary
Appeal from the Circuit Court of Shelby. The record does not show the name of the presiding judge. This action was brought by Josiah Dunn and others, against Bennett Davis and others; and was founded on a penal bond, dated the 19th September, 1849, and conditioned as follows: “"Whereas the above bound Bennett Dav,is has this day filed in the chancery court for said county his original bill against the said Dunn, Parker and wife, and Beavers, and, amongst other things, prayed an inj unction, in the nature of an attachment, which has been granted by the lion. W. W. Mason, — now, if said Davis…
1Opinion of the CourtR. W. Walker, J.
The breaches assigned do not show that the contract of the defendants has been broken in any particular. The condition of the bond was, that “if said Davis shall well and truly do and perform all such matters and things as may be required of him in the premises, and pay all such costs and damages as may be recovered against him for the wrongful suing out of said injunction, then this bond to be void.” The complaint does not show that any matter or thing was required of Davis in the premises, which he had failed to perform; nor does it aver that a judgment had been recovered against him for…
2Cases cited3 opinions
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Garrett v. LoganSupreme Court of Alabama · 1851
- Barnes v. PeckSupreme Court of Alabama · 1834
3Cited by5 opinions
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Stearnes v. EdmondsSupreme Court of Alabama · 1914
- Buggeln v. CameronArizona Supreme Court · 1907
- Fidelity Casualty Co. of New York v. RabornSupreme Court of Alabama · 1937