Moffitt v. Branch Bank of Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile County. Motion to quash a forthcoming bond, and execution issued thereon, because the bond does not describe the judgment and execution on which it was given, and because one of the defendants in the execution, was dead at the time it was issued. The Court below overruled the motion, from which this writ is prosecuted. submitted the cause.
1Opinion of the Court
.ORMOND, J.
Ferhaps the difference between the amount of the judgment as rendered, and that recited in the forthcoming bond, might be reconciled by the addition of the interest, which had accrued when the bond was taken. But the variance between the recital of the defendants to the judgment in the forthcoming bond, and those in the judgment and execution, upon which it professes to he founded, is fatal to it, upon the authority of Richardson v. O’Neal, 5 Ala. Rep. 618. The judgment was rendered against Elihu Moffitt and John V. B. Watson. The forthcoming bond describes a judgment rendered…
2Cases cited1 opinion
- Lunsford v. RichardSupreme Court of Alabama · 1843
3Cited by5 opinions
- Harrison v. HamnerSupreme Court of Alabama · 1892
- Flournoy v. MimsSupreme Court of Alabama · 1849
- Nicolson v. BurkeSupreme Court of Alabama · 1849
- Russell v. LockeSupreme Court of Alabama · 1876
- Braswell v. WatkinsSupreme Court of Alabama · 1927