Simmons v. Sharp
Alabama Court of Appeals
Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Girder. Action by A. Y. Sharpe against R. L. Simmons and others. From a judgment- for plaintiff, defendants appeal. The complaint was as follows: “Plaintiff claims of defendants the sum of |500 as damages for breach of a certain bond made by defendants on, to wit, the 27th day of October, 1905, in words and figures as follows: ‘State of Alabama, Marengo County.
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Appeal from Marengo Law and Equity Court. Heard before Hon. Edward J. Girder. Action by A. Y. Sharpe against R. L. Simmons and others. From a judgment- for plaintiff, defendants appeal. The complaint was as follows: “Plaintiff claims of defendants the sum of |500 as damages for breach of a certain bond made by defendants on, to wit, the 27th day of October, 1905, in words and figures as follows: ‘State of Alabama, Marengo County. Know all men by these presents, that we, R. L. Simmons, C. B. Jones, L. E. Compton, 1). C. Compton, F. M. Compton, and W. H. Compton, are held and firmly bound unto…
1Opinion of the CourtWalkeb, P. J.
But for the fact that it was made payable to the plaintiff in the action in which it was given, instead of to the clerk as prescribed by the statute, (Code, § 2874), the bond sued on would have been a good statutory bond required to supersede the execution of the judgment in that case for the possession of land. The bond having been given to secure the suspension of the execution of the judgment for the possession of land, and — as sufficiently appears from the pleadings and proof in the case — having accomplished that result in accordance with the intention of the obligors, and that result…
2Cases cited5 opinions
- Babcock v. CarterSupreme Court of Alabama · 1897
- Miller v. VaughanSupreme Court of Alabama · 1884
- Jenkins v. Lockard's Adm'rSupreme Court of Alabama · 1880
- Town of Woodlawn v. CainSupreme Court of Alabama · 1902
- Sewall v. FranlinSupreme Court of Alabama · 1835
3Cited by3 opinions
- Wheeler v. FullerAlabama Court of Appeals · 1912
- Dempsey Ex Rel. Steverson v. GaySupreme Court of Alabama · 1933
- Decker v. DeckerAlabama Court of Appeals · 1913