Adams v. Thornton & Wellborn
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Thornton & Wellborn, suing as partners, against James B. Adams, and was founded on an attachment bond, the condition of which was, “that the said Adams shall prosecute his said attachment to effect, and pay the said Thornton & Wellborn all such costs and damages as they may sustain by reason of the wrongful or vexatious suing out of said attachment.”
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Thornton & Wellborn, suing as partners, against James B. Adams, and was founded on an attachment bond, the condition of which was, “that the said Adams shall prosecute his said attachment to effect, and pay the said Thornton & Wellborn all such costs and damages as they may sustain by reason of the wrongful or vexatious suing out of said attachment.” The plaintiffs were engaged in business in Montgomery as merchants ; the attachment was sued out against them on the 30th January,…
1Opinion of the CourtStone, C. J.
— The bill of exceptions, in one place, tends to show that both parties agreed to try the case with ten jurors, and, in another place, that the plaintiffs demanded a full jury, unless defendant would consent to try with the eleven who were present. The court ordered a new jury to be struck and organized, after filling up the panel to two full juries, or twenty-four names. In thus ordering, the Circuit Court ruled, in effect, that no valid agreement had been made to try with less than a full jury, and the record fails to convince us he erred in so ruling. In summoning additional jurors to…
2Cases cited5 opinions
- Adler v. StateSupreme Court of Alabama · 1876
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Abernathy v. StateSupreme Court of Alabama · 1885
- Galbreath v. ColeSupreme Court of Alabama · 1878
- Ellis v. AllenSupreme Court of Alabama · 1886
3Cited by8 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Western Assurance Co. v. StoddardSupreme Court of Alabama · 1889
- McKelton v. StateSupreme Court of Alabama · 1888
- Long v. WhitSupreme Court of Alabama · 1916
- Ullman v. MyrickSupreme Court of Alabama · 1890
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