Holley v. Acre
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. Andrew B. Moore. Suit was brought in the court below by tho appellee, for the use of Benjamin J. Hogg, against the appellant, as surety on an administrator’s bond, made by Benj. L. Jordan and Elizabeth Hogg, as administrators of the estate of Benjamin Hogg, deceased.
Read the full summary
Appeal from the Circuit Court of Covington. Tried before the Hon. Andrew B. Moore. Suit was brought in the court below by tho appellee, for the use of Benjamin J. Hogg, against the appellant, as surety on an administrator’s bond, made by Benj. L. Jordan and Elizabeth Hogg, as administrators of the estate of Benjamin Hogg, deceased. The declaration originally contained three counts, the first on the bond, properly setting it out, averring that the penalty was duo and unpaid, although it had been demanded. It is unnecessary to describe the other two counts, as a demurrer was sustained to them,…
1Opinion of the CourtLigon, J.
1. The second assignment of error is the first-in order, and as such will it be examined. The first count of the declaration proceeds for the penalty of the bond alone, and is in the usual form of a declaration on a penal bond. It is therefore faultless, and the demurrer to it was correctly overruled.
2. The transcript of the proceedings in the Orphans’ Court, which was offered in evidence under the issue tendered by the rejoinder of nul tiel record, to the replication of the plaintiff, was pertinent to that issue, and should not have been rejected.
The defendant had pleaded covenants…
2Cases cited2 opinions
- Kyle v. MaysSupreme Court of Alabama · 1853
- Lamkin v. HeyerSupreme Court of Alabama · 1851
3Cited by4 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Grimmet v. Henderson's Adm'rSupreme Court of Alabama · 1880
- Calhoun v. WhittleSupreme Court of Alabama · 1876