Cobb v. Thompson
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. W. E. Johnston. The record in this case shows these facts: On the 28th October, 1887, an attachment for rent was sued out before a justice of the peace, in favor of Mrs. C. A. Thompson against Percy Olmstead, and was levied on certain articles of household furniture, on which several executions had already been levied, one in favor of R. W. Miller, and the others in favor of E. J. Cobb; and said Cobb'and Miller…
Read the full summary
Appeal from the City Court of Anniston. Tried before the Hon. W. E. Johnston. The record in this case shows these facts: On the 28th October, 1887, an attachment for rent was sued out before a justice of the peace, in favor of Mrs. C. A. Thompson against Percy Olmstead, and was levied on certain articles of household furniture, on which several executions had already been levied, one in favor of R. W. Miller, and the others in favor of E. J. Cobb; and said Cobb'and Miller thereupon signed, as sureties for said Olmstead, a replevy bond conditioned for the forthcoming of the property within…
1Opinion of the Court
SOMERVILLE, J. —
The purpose of the petition is to supersede an execution summarily issued on a replevy or forthcoming bond executed by a defendant and his sureties, in an attachment proceeding before a justice of the peace, and returned by a constable as forfeited. — Code, 1886, §§ 3334-3341. The bond bore date October 28th, 1887, and was declared forfeited December 12th, 1887, on the ground that the replevied property had not been returned to the constable according to the condition of the bond.
If the undertaking is not a statutory bond — that is, if it .does not substantially conform to the…
2Cases cited5 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Gravett v. MaloneSupreme Court of Alabama · 1875
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
- Adler v. GreenWest Virginia Supreme Court · 1881
- Crenshaw v. HardySupreme Court of Alabama · 1842
3Cited by8 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Halsey v. MurraySupreme Court of Alabama · 1895
- Campbell v. TuckerSupreme Court of Alabama · 1934
- Gaut v. BeattySupreme Court of Alabama · 1917
- Jaffe v. LeathermanSupreme Court of Alabama · 1933
3 more not listed; retrieve them via the Exa API.