Anderson v. Rhea
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. The plaintiff in error filed her petition to supersede an execution which had issued against her as surety on a forfeited delivery bond.
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Error to the Circuit Court of Cherokee. The plaintiff in error filed her petition to supersede an execution which had issued against her as surety on a forfeited delivery bond. The object of the petition was, to supersede and quash the execution, for various reasons, but principally, because the sheriff did not return the bond forfeited, until long after the return day of the execution — that she was ready to deliver the property, as to which the bond was supposed to be forfeited, on the day and at the place it was to have been delivered — and because of a variance between the execution and…
1Opinion of the CourtOrmond, J.
— A forthcoming bond must describe the execution which is thereby suspended, with sufficient certainty and accuracy, to enable the Court to determine what execution it was designed to suspend. But we are of opinion, that the same degree of certainty is not necessary, which is required in the description of an instrument in pleading. It will be sufficient, if the Court can with reasonable certainty, conclude that they are the same; a small and unimportant variance will therefore be disregarded.
The variances relied on are, that the execution issued for $267 11 debt, and $13 87§ costs and…
2Cited by7 opinions
- Adler v. PotterSupreme Court of Alabama · 1877
- Mitchell v. IngramSupreme Court of Alabama · 1862
- Munter v. LeinkauffSupreme Court of Alabama · 1885
- Craven v. HigginbothamSupreme Court of Alabama · 1887
- Howard v. Cullman CountySupreme Court of Alabama · 2015
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