Buckner v. Vaught
Alabama Court of Appeals
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by J. L. Vaught against W. A. Buckner and others, sureties on an injunction bond. Judgment for plaintiff and defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by J. L. Vaught against W. A. Buckner and others, sureties on an injunction bond. Judgment for plaintiff and defendant appeals. Motion to strike from the complaint and request for written instructions to the jury not to find for illegal damages is proper. — r92 Ala. 399. Counsel’s fees were not allowed. — 124 Ala. 614; 109 Ala. 377; 100 Ala. 286; 65 Ala. 417. Claims for railroad fares and. loss of time is not recoverable. — 116 Ala. 520; 74 Ala. 393; 30 Ala. 177, and authorities supra. The amount recovered was less…
1Opinion of the Court
de GRAFFENRIED, J.
This suit was brought by the appellee against the appellants to recover the sum of $86.80 as damages for the breach of the condition of an injunction bond. The defendants pleaded the general issue and “payment, in short by consent, with leave to give in evidence any matter that might be specially pleaded.” There was a jury, and a verdict in favor of the plaintiff for $37.10, and a judgment following the verdict, and the defendants appeal.
There is a bill of exceptions in the record which purports to set out all the evidence. The plaintiff testified that he paid out, in the…
2Cases cited3 opinions
- Camp v. Marion CountySupreme Court of Alabama · 1890
- Lehnert v. LeweySupreme Court of Alabama · 1904
- O'Reilly v. MastersonAlabama Court of Appeals · 1912
3Cited by1 opinion
- T. L. Farrow Mercantile Co. v. JeffersAlabama Court of Appeals · 1918