Kirby v. Forbes
Supreme Court of Alabama
Api*kal from the Circuit Court of Marshall. Tried before the Hox. A. IT. Alston. This action was brought- by the appellant, F. M. Kirby, against the appellees, and sought to recover damages for alleged breach of bond, given by E. E. Forbes with the other defendants and ,sureties, to contest a claim of exemption.
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Api*kal from the Circuit Court of Marshall. Tried before the Hox. A. IT. Alston. This action was brought- by the appellant, F. M. Kirby, against the appellees, and sought to recover damages for alleged breach of bond, given by E. E. Forbes with the other defendants and ,sureties, to contest a claim of exemption. The original complaint, after averring the facts pertaining to the giving of the bond to contest a claim of exemption, as set. forth in the complaint, then alleged five breaches of the bond in the following language: “1. Defendants did not prosecute said contest to effect, and failing…
1Opinion of the CourtHaralson, J.
The suit is on a bond executed by defendants, in the sum of $1,000.00, to contest a claim of exemptions. It appears from the complaint that the defendant, Forbes, obtained a judgment in the circuit court of Marshall county, on the 19th day, of May, 1899, against the plaintiff, F. M. Kirby, for $320, on which judgment an execution was issued; that on the same day the judgment was rendered, the defendant in execution, filed in the probate court of the county, under Section 2041 of the Code, his claim of exemptions to specified personal property, of the value of $500.00; that on the 22d day of…
2Cases cited5 opinions
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Dothard v. SheidSupreme Court of Alabama · 1881
- Pryor v. BeckSupreme Court of Alabama · 1852
- Baker v. PopeSupreme Court of Alabama · 1873
- Anderson v. DicksonSupreme Court of Alabama · 1845
3Cited by4 opinions
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Loeb v. City of MontgomeryAlabama Court of Appeals · 1913
- Fidelity Casualty Co. of New York v. RabornSupreme Court of Alabama · 1937
- Tallassee Falls Mfg. Co. v. ParksAlabama Court of Appeals · 1911