Rhodes & Broadfoot v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. W. B. "Wood. This was a proceeding by certiorari and supersedeas, at the instance of the appellants, to quash a summary execution issued against them and their sureties, on a bond which had been by the sheriff returned forfeited as a replevy bond. On the bearing, the court dismissed the certiorari and supersedeas, on motion of the plaintiff in execution; and its judgment is now assigned as error.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. W. B. "Wood. This was a proceeding by certiorari and supersedeas, at the instance of the appellants, to quash a summary execution issued against them and their sureties, on a bond which had been by the sheriff returned forfeited as a replevy bond. On the bearing, the court dismissed the certiorari and supersedeas, on motion of the plaintiff in execution; and its judgment is now assigned as error. The opinion states all the material facts. cited Bettis v. Taylor, 8 Porter, 565 : Onrdaman v. Malone, 63 Ala. 556; Shaw v. Railroad…
1Opinion of the CourtBriokell, C. J.
The statute confers on a defendant in attachment, or, in his absence, on a stranger, the right of replevying goods or chattels seized under the writ, by executing a bond, with surety, payable to the plaintiff, in double the amount of the demand, with condition that, if the defendant fail in the action, he or his sureties will return the specific prbperty attached, within thirty days after judgment; which bond must be returned, with the other papers of the cause. — R. C. § 2964; Code of 1876, § 3289. When replevied by a stranger to the writ, he is presumed to act for the benefit of the…
2Cases cited5 opinions
- Mobile Cotton Press & Building Co. v. MooreSupreme Court of Alabama · 1839
- McAdams v. Beard & HendersonSupreme Court of Alabama · 1859
- Braley v. ClarkSupreme Court of Alabama · 1853
- Jacott v. HobsonSupreme Court of Alabama · 1847
- Kirk v. MorrisSupreme Court of Alabama · 1866
3Cited by14 opinions
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Witherington v. GainerSupreme Court of Alabama · 1907
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- Cobb v. ThompsonSupreme Court of Alabama · 1888
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