Whitsett v. Womack
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. This was an action of debt, at the suit of the defendant in error against the plaintiff. The declaration contains five counts; the first alledges, that the defendant, together with John Hud-dleston, (as to whom the suit is discontinued,) and Isaac Smith, deceased, by his bond bearing date of the 7th of March, 1838, bound himself to pay the plaintiff the sum of six hundred and eighteen dollars and forty two cents, on demand.
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Writ of Error to the County Court of Sumter. This was an action of debt, at the suit of the defendant in error against the plaintiff. The declaration contains five counts; the first alledges, that the defendant, together with John Hud-dleston, (as to whom the suit is discontinued,) and Isaac Smith, deceased, by his bond bearing date of the 7th of March, 1838, bound himself to pay the plaintiff the sum of six hundred and eighteen dollars and forty two cents, on demand. Yet, &c. The second count sets out that a bond of the same date and penalty was executed by the parties, payable on demand,…
1Opinion of the CourtCollier, C. J.
It is said to be a general rule, that a bond, whether required by statute or not, if entered into voluntarily, and for a valid consideration, and not repugnant to the letter or policy of the law, is good at common law. [2 J. J. Marsh. Rep. 418; 3 Id. 437-8; 1 Ala. Rep. N. S. 316; 3 Ala. Rep. 593.] In Sewall v. Franklin, et al. 2 Porter’s Rep. 493, this Court, after an extended review of the authorities, concluded, that “ bonds taken by civil officers, and in relation to judicial proceedings, though without the authority of our statutes, (like bonds between individuals under other…
2Cases cited14 opinions
- United States v. TingeySupreme Court of the United States · 1831
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Bates v. Bank of the StateSupreme Court of Alabama · 1841
- Stevenson v. MillerCourt of Appeals of Kentucky · 1822
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
- Ex parte BuckleySupreme Court of Alabama · 1875
- Alston v. AlstonSupreme Court of Alabama · 1859
- Russell v. GarrettSupreme Court of Alabama · 1922
- Smith v. FargoCalifornia Supreme Court · 1881
18 more not listed; retrieve them via the Exa API.