Miller v. Vaughan
Supreme Court of Alabama
Appeal from Geneva Circuit Court- Tried before the lion. Henry D. Clayton. The opinion states the facts.
1Opinion of the CourtClopton, J.
In Steele v. Tutwiler, 63 Ala. 368, the action was on a bond, made by the defendant in a statutory real action, on an appeal from a judgment in favor of the plaintiff for the possession of the lands, damages and costs. The condition of the bond was, that the appellant “ shall prosecute said appeal to effect, and pay and satisfy such judgment as the Supreme Court may render in the case.” It was held that the bond did not operate as a supersedeas of the judgment, and that the judgment being affirmed, and.the damages and costs paid, no action could be maintained thereon for rents of the land…
2Cases cited6 opinions
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Dothard v. SheidSupreme Court of Alabama · 1881
- Drake v. WebbSupreme Court of Alabama · 1879
- Steele v. TutwilerSupreme Court of Alabama · 1879
- Cahall v. Citizens' Mutual Building Ass'nSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
- Caldwell v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1921
- Fidelity & Deposit Co. v. TorianSupreme Court of Alabama · 1930
- Williams v. StateSupreme Court of Florida · 1889
- Shows v. PendrySupreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.