Walker v. Hunter
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. JoHN Gill Shorter. This was a motion against the sheriff and his sureties, for his failure to make the money on an execution in favor -of Mrs. Maria Walker, as executrix of John H. Walker, deceased, against Goodman & Mitchell. On the rulings of the court to the jury, the plaintiff was compelled to take a nonsuit, with a bill of exceptions.
Read the full summary
Appeal from the Circuit Court of Chambers. Tried before the Hon. JoHN Gill Shorter. This was a motion against the sheriff and his sureties, for his failure to make the money on an execution in favor -of Mrs. Maria Walker, as executrix of John H. Walker, deceased, against Goodman & Mitchell. On the rulings of the court to the jury, the plaintiff was compelled to take a nonsuit, with a bill of exceptions. Instead of giving security for the costs of the appeal in the usual form, the appellant executed an appeal bond, in the penalty of ■one hundred dollars, conditioned as follows: “Now, if the…
1Opinion of the CourtStone, J.
Motion is made to dismiss the appeal in this case, because, as it is contended, the judgment of the -circuit,court, from which the appeal is prosecuted, is not such a judgment as may be superseded under section 3019 of the Code; and, in the second place, it is urged that the bond found in this record is not sufficiently comprehensive to operate as security for the costs under section 3041 of the Code.
If the bond found in this record is a good and sufficient security for costs, it is not important in this motion to inquire whether the judgment is one which maybe superseded ; such security for…
2Cases cited2 opinions
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Williams v. McConicoSupreme Court of Alabama · 1855
3Cited by3 opinions
- Wyker v. FrancisSupreme Court of Alabama · 1898
- Waite v. WardSupreme Court of Alabama · 1890
- Colbert County v. Tennessee Valley BankSupreme Court of Alabama · 1932