Dickson v. Bachelder
Supreme Court of Alabama
Error to the Circuit Court of Chambers. Tried before the Hon. G-eorge Holdthwaite. This is an action of debt on an attachment bond made by the defendant and one J. J. Steiner to the plaintiff, for the payment of $1100 25; with the following condition: “The condition of the above obligation is such, that whereas the above bound John J. Steiner hath the day of the date hereof prayed an attachment at the suit of Robert Cornell and Charles Cornell, merchants and partners, using…
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Error to the Circuit Court of Chambers. Tried before the Hon. G-eorge Holdthwaite. This is an action of debt on an attachment bond made by the defendant and one J. J. Steiner to the plaintiff, for the payment of $1100 25; with the following condition: “The condition of the above obligation is such, that whereas the above bound John J. Steiner hath the day of the date hereof prayed an attachment at the suit of Robert Cornell and Charles Cornell, merchants and partners, using the name of Cornell & Brother, against the estate of the said Josiah DicksoD, for tbe sum of five hundred and fifty XW…
1Opinion of the CourtLigon, J.
— It is contended, that the demurrer to the declaration was rightly sustained, for two reasons: First, because the attachment bond set out in the declaration, and that read on oyer, are essentially variant in this: that in the former it *704is recited in the condition, that “ Robert Cornell and Charles Cornell had, on the day of the date of said writing obligatory, prayed an attachment at the suit of said Robert and Charles Cornell, merchants and partners, using the name of Cornell & Brother,” while in the bond read on oyer it is recited, that “ John J. Steiner hath, on the day of the date…
2Cases cited4 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- McCullough v. WaltonSupreme Court of Alabama · 1847
- Hill v. RushingSupreme Court of Alabama · 1842
- Hounshell v. PharesSupreme Court of Alabama · 1840
3Cited by9 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Mitchell v. IngramSupreme Court of Alabama · 1862
- Loeb v. City of MontgomeryAlabama Court of Appeals · 1913
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