Collins v. Mitchell
Supreme Court of Florida
Mitchell, the defendant in error, brought an action of debt in the Circuit Court of Escambia County, on a bond executed by the plaintiff in error, together with J. N. C. Stockton & Co. and Hanson Kelly, and dated the 13th of January, 1840. The bond sued on was delivered to the sheriff of Walton County, who had levied an attachment upon certain slaves as the property of J. N. C. Stockton & Co., and which attachment had been sued out of the late Superior Court of Walton County…
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Mitchell, the defendant in error, brought an action of debt in the Circuit Court of Escambia County, on a bond executed by the plaintiff in error, together with J. N. C. Stockton & Co. and Hanson Kelly, and dated the 13th of January, 1840. The bond sued on was delivered to the sheriff of Walton County, who had levied an attachment upon certain slaves as the property of J. N. C. Stockton & Co., and which attachment had been sued out of the late Superior Court of Walton County by Mitchell, for a debt claimed to be due him to the amount of nine hundred dollars. The bond is in the penal sum of…
1Opinion of the CourtBaltzell, J.
This was an action of debt instituted by defendant in error against plaintiff as one of the securities on a forthcoming bond given under attachment process. The defendant filed three pleas which were demurred to, and the demurrer sustained by the Court. Leave was given to plead anew within sixty days, which however seems not to have been done,, and the case in this situation, was, as appears from the record,, submitted to the jury.
On the trial, the plaintiff gave in evidence the bond sued on, with other evidence,, whereupon “ defendant’s counsel moved the Court to instruct the jury that the…
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