Fidelity & Deposit Co. v. Art Metal Construction Co.
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Tpiom:as W. Coleman, Jr. The Art Metal Construction Company sued the Fidelity & Deposit Company of Maryland upon a supersedeas bond, for the assessed value of property recovered in detinue by it previous to the appeal that the bond was given to .secure, and there ivas judgment for plaintiff, and defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Tpiom:as W. Coleman, Jr. The Art Metal Construction Company sued the Fidelity & Deposit Company of Maryland upon a supersedeas bond, for the assessed value of property recovered in detinue by it previous to the appeal that the bond was given to .secure, and there ivas judgment for plaintiff, and defendant appeals. In detinue a judgment plaintiff can refuse to receive the alternate value and insist upon a recovery of the property. — Williams v. Barnes, 49 Ala. 136. To permit plaintiff to exercise the election here sought would be to permit him…
1Opinion of the CourtSimpson, J.
This is an action by .the appellee against the appellant on a supersedeas bond given on appeal to this court from a judgment in a detinue suit. The judgment in the detinue suit (March 22, 1905) was for certain property therein described, valued at $1,-*325264.09, and for the detention thereof of $126.40. The judgment was affirmed in this court on November 14, 1907, and it was adjudged that the appellant and surety “pay the amount of the judgment of the city court, and 10 per centum damages thereon, and interest onthedamages for the detention,” and costs. After the affirmance of the case the…
2Cases cited1 opinion
- Gaynor v. Louisville & Nashville RailroadSupreme Court of Alabama · 1902
3Cited by4 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Harris v. Louisville N. R. Co.Supreme Court of Alabama · 1939
- Kelley v. DupreeSupreme Court of Alabama · 1979
- Brown v. StateAlabama Court of Appeals · 1917