Dillard v. Johnson
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Suit by S. Johnson against J. M. Dillard and another. Prom judgment for plaintiff, defendants appeal. Transferred _ from the Court of Appeals under section 6, p. 449, Acts 1911. Suit by appellee against appellants, commenced on July 29, 1916, for the recovery of damages for the breach of a certain claim bond executed on January 19, 1916, by J. M. Dillard, as principal, and T. S. Paulk, as surety.
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Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Suit by S. Johnson against J. M. Dillard and another. Prom judgment for plaintiff, defendants appeal. Transferred _ from the Court of Appeals under section 6, p. 449, Acts 1911. Suit by appellee against appellants, commenced on July 29, 1916, for the recovery of damages for the breach of a certain claim bond executed on January 19, 1916, by J. M. Dillard, as principal, and T. S. Paulk, as surety. The defendants filed special pleas, setting up that, at the time of the attachment the property was not subject to the writ, for that…
1Opinion of the CourtGardner, J.
The foregoing statement of the case will suffice for a general understanding of the questions here presented.
It is first insisted by counsel for appellant that the evidence shows that before the levy of the writ of attachment in the suit by Johnson against the Jacksons, upon the property to which the appellant Dillard interposed his claim 'and executed bond, which is the foundation of this suit, said property was fastened with a lien in favor of Dillard for rent due by Johnson, as well as covered by a mortgage executed by Johnson to Dillard; and that therefore the property was not subject to…
2Cases cited3 opinions
- Vizard Invest. Co. v. Mobile Fish & Oyster Co.Supreme Court of Alabama · 1916
- Holloway v. Burroughs & Taylor Co.Alabama Court of Appeals · 1912
- Belshaw v. Moses & BrotherSupreme Court of Alabama · 1873
3Cited by1 opinion
- H. G. Hill Co. v. TaylorSupreme Court of Alabama · 1937