Drake v. Webb
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. . . This action was brought by James E. Webb, as tbe administrator of tbe estate of Lucy Sheppard, deceased, against William H. Drake, John R. Webster, and James W. McCrary; was commenced on tbe 27th.
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Appeal from the Circuit Court of Hale. Tried before the Hon. Geo. H. Craig. . . This action was brought by James E. Webb, as tbe administrator of tbe estate of Lucy Sheppard, deceased, against William H. Drake, John R. Webster, and James W. McCrary; was commenced on tbe 27th. August, 1878; and was founded on a penal bond executed by the defendants, dated tbe 7th March, 1877, payable to Joseph Hodgson, register in chancery at Mobile, and conditioned as follows : “ Whereas the above-bounden William H. Drake bas this day applied for and obtained an appeal, returnable to tbe next term of the…
1Opinion of the CourtStone, J.
In Hughes v. Hatchett, 55 Ala. 539, and in Steele v. Tutwiler, at the present term, we considered, to some extent, the question of the proper condition of a supersedeas bond in cases of appeal falling'within section 3928 of the Code of 1876. The rules we there declared were followed in granting the appeal out of which this action grew. The condition of the present bond is, to “ prosecute th9 appeal to effect, and pay such cost and damages as the other parties to the cause may sustain by reason of such appeal, if the decree of said Chancery Court is affirmed.” The chancellor had directed the…
2Cases cited8 opinions
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- Seay v. GreenwoodSupreme Court of Alabama · 1852
- Higgins v. MansfieldSupreme Court of Alabama · 1878
- Ferguson v. Baber's Adm'rsSupreme Court of Alabama · 1854
- Jenkins v. HayCourt of Appeals of Maryland · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Osborn v. RileySupreme Court of Alabama · 1976
- Bolling v. TateSupreme Court of Alabama · 1880
- Culver v. HillSupreme Court of Alabama · 1880
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Rutledge v. StateSupreme Court of Alabama · 1889
11 more not listed; retrieve them via the Exa API.