Phillips, Burtoff & Co. v. Wade
Supreme Court of Alabama
Appeal from tbe Circuit Court of Morgan. Tried before the Hon. Louis Wyeth. This action was brought by tbe appellants,-suing as part-, ners, against Miles C. Wade and’J. Paul Jones, as sureties on an appeal bond, executed by tbem jointly with tbeir principal, Charles T. Jones, since deceased; and was commenced in a justice’s court, on tbe 26th August, 1879. Tbe plaintiffs bad obtained a judgment against said Charles T. Jones, in a justice’s court, for 173.05 debt, and $2.70…
Read the full summary
Appeal from tbe Circuit Court of Morgan. Tried before the Hon. Louis Wyeth. This action was brought by tbe appellants,-suing as part-, ners, against Miles C. Wade and’J. Paul Jones, as sureties on an appeal bond, executed by tbem jointly with tbeir principal, Charles T. Jones, since deceased; and was commenced in a justice’s court, on tbe 26th August, 1879. Tbe plaintiffs bad obtained a judgment against said Charles T. Jones, in a justice’s court, for 173.05 debt, and $2.70 costs,- and the defendant having taken an appeal from that judgment, the appeal bond here sued on was executed, in the…
1Opinion of the CourtStone, J.
Phillips, Burtoff & Co. recovered judgment against Charles T. Jones, before a justice of the peace. Jones appealed to the Circuit Court, executing bond therefor, with Wade and J. P. Jones as his sureties. Before the cause was tried in the Circuit Court, Charles T. Jones died, and his estate was declared insolvent. The case was' revived in the Circuit Court, against the administrator, who pleaded the insolvency of the estate. A trial was had in the Circuit Court, in which the jury found the issue of insolvency in favor of the defendant, and found for the plaintiffs the amount of the claim sued…
2Cases cited2 opinions
- Bean v. ChapmanSupreme Court of Alabama · 1878
- Lunsford v. Baskins' Adm'xSupreme Court of Alabama · 1844
3Cited by4 opinions
- State v. ParkerSupreme Court of Alabama · 1882
- In re Quaker City Cold Storage Co.District Court, E.D. Pennsylvania · 1942
- Osage Oil & Ref. Co. v. Dickason-Goodman Lbr. Co.Supreme Court of Oklahoma · 1924
- Mount v. StewartSupreme Court of Alabama · 1888