Simpson Automotive Co. v. Vines
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by the Simpson Automotive Company against Girdley Vines. From a judgment . granting motion to quash execution, plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Appellant sued Girdley Vines in statutory detinue for an automobile and, damages for the detention thereof.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by the Simpson Automotive Company against Girdley Vines. From a judgment . granting motion to quash execution, plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Appellant sued Girdley Vines in statutory detinue for an automobile and, damages for the detention thereof. Vines gave a forthcoming bond with Lucinda Vines, L. V. Vines, Maggie M. Sullivan, and Jim Sullivan as sureties. Judgment by consent was rendered against Girdley Vines for the property sued for or its alternate value of…
1Opinion of the CourtGardner, J.
The only question presented upon this appeal relates to the. sufficiency of the replevy bond executed by the appellees as a statutory bond, justifying the issuance of execution thereon against the obligors.
This court has had occasion, in the very recent case of Ex parte L. C. White; 95 South. 495, 1 to review this question, citing some of the authorities pertinent thereto. In that case it was' said:
“Such a statutory ^bond, properly returned forfeited as provided by statute, has, by virtue of section 3783 of the Code, ‘the force and effect of a judgment,’ and this fact doubtless had influence…
2Cases cited3 opinions
- Harrison v. HamnerSupreme Court of Alabama · 1892
- Traweek v. HeardSupreme Court of Alabama · 1892
- White v. MorringSupreme Court of Alabama · 1923
3Cited by2 opinions
- Braswell v. WatkinsSupreme Court of Alabama · 1927
- Livings v. BarnesAlabama Court of Appeals · 1931