Flournoy v. Mims
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. 1. The name of the obligee in the penal part of the bond being illegible, it was clearly competent to prove by parol what name was intended. — Chitty on Bills, 176-7, note k; 10 Ala. 828; Boyd v. Gilchrist, 15 Ala.
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Error to the Circuit Court of Macon. Tried before the Hon. John J. Woodward. 1. The name of the obligee in the penal part of the bond being illegible, it was clearly competent to prove by parol what name was intended. — Chitty on Bills, 176-7, note k; 10 Ala. 828; Boyd v. Gilchrist, 15 Ala. S49, and authorities there cited ; Smith v. Redus and Wife, 9 Ala. 99 j 4 B. & C. 235; 2 Stark. 29. 2. But if it be conceded that parol evidence is inadmissible for that purpose, the bond is good without it. The condition shows who the obligee was, and by it the bond, if necessary, should have been amended…
1Opinion of the CourtChilton, J.
This was a motion in the court below to quash a delivery bond, at the instance of Williamson Freeman, one of the defendants in error. The objection to.- the bond was that it was not made payable to the plaintiff in the execution, and that therefore no execution could properly issue upon it under the statute. The bond is set out in the record and is made payable to Jacob A. Toberneij, conditioned that the obligors pay to the sheriff, William Fitzpatrick, the sum. of $1455 90 damages, besides the further sum of $19 81 cost of suit, the-same being the amount of an execution in the office of the…
2Cases cited6 opinions
- Gayle v. HudsonSupreme Court of Alabama · 1846
- Lunsford v. RichardSupreme Court of Alabama · 1843
- Hall v. HallSupreme Court of Connecticut · 1820
- Moffitt v. Branch Bank of MobileSupreme Court of Alabama · 1845
- Morgan v. DoeSupreme Court of Alabama · 1849
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3Cited by4 opinions
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Moseley's Adm'r v. MastinSupreme Court of Alabama · 1861
- Sayres v. StateSupreme Court of Alabama · 1857
- England v. McLaughlinSupreme Court of Alabama · 1860