Mason v. Craig
Supreme Court of Alabama
In error from the Circuit court of Lauderdale. The plaintiff in error declared in debt, on a penal bond, conditioned for the prosecution of a writ of error, from the county, to the circuit court, gf that county, wherein one Brown was appellant, and the defendants, his sureties. The defendants pleaded — first, performance of the condition of the bond; and, second, that the cause had been reversed in the Supreme court.
Read the full summary
In error from the Circuit court of Lauderdale. The plaintiff in error declared in debt, on a penal bond, conditioned for the prosecution of a writ of error, from the county, to the circuit court, gf that county, wherein one Brown was appellant, and the defendants, his sureties. The defendants pleaded — first, performance of the condition of the bond; and, second, that the cause had been reversed in the Supreme court. To the last plea, the plaintiff replied, that the said case was affirmed in the circuit court; and, to that replication, the defendants demurred. The court sustained the…
1Opinion of the CourtLipscomb, C. J.
This was an action of debt, brought by the plaintiff, against the defendants, on a bond, for the prosecution of a writ of error from the County court of Lauderdale, to the Circuit court; in which writ of error one Dudley Brown was plaintiff, and the plaintiff in this suit, was the defendant.
The declaration avers, that the judgment was af*390firmed by the Circuit court, and' that it remains in full force and effect. That Brown had departed this life, and that he never had paid the judgment; that his representatives had not paid, nor his securities, the present defendants, but that the same…
2Cited by3 opinions
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Owensboro Wagon Co. v. HallSupreme Court of Alabama · 1907
- Hines v. McMillanSupreme Court of Alabama · 1920