Hamner v. Cobb
Supreme Court of Alabama
Cobb, for the use of Wilson, declared in debt, in Madison Circuit court, against the plaintiffs in error, as obligors of an injunction bond. The bond was drawn in the penalty of six hundred and sixty-six and two-thirds cents: and the condition recited, that .the principal obligor, -was restrained from suing on, or disposing of a note, payable, in the s.um of three hundred and thirty-three and two-thirds dollars.
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Cobb, for the use of Wilson, declared in debt, in Madison Circuit court, against the plaintiffs in error, as obligors of an injunction bond. The bond was drawn in the penalty of six hundred and sixty-six and two-thirds cents: and the condition recited, that .the principal obligor, -was restrained from suing on, or disposing of a note, payable, in the s.um of three hundred and thirty-three and two-thirds dollars. The declaration contained the usual averments, and the further allegation, that the word, “cents,” was inserted by mistake; and was intended to have been written “ dollars.” The court…
1Opinion of the CourtSaffold, J.
The action was debt, brought.by the defeadc:it in error, against Hatnner and his securities, on an injunction bond, the condition of which was alleged to have been forfeited. The declaration alleges tint said Hammer and others, “ acknowledged themselves to be held and firmly bound, unto the (then) plaintiff, in the sum of six hundred and sixty six and two thirds ce?its, to be paid when requested, inserted by mistake, in the said writing obligatory, instead of six hundred and sixty-six dollars and sixty six and two-thirds cents — the last mentioned being the sum which it was then and there…
2Cases cited1 opinion
- Colburn v. DownesMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Harbin v. NationsSupreme Court of Alabama · 1926