Pagett v. Brooks
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. John P. Hubbakd. This was an action brought by the appellees against. the appellants, and sought to recover damages for the breach of a bond given to secure the appointment of a receiver.
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Appeal from the Circuit Court of Covington. Tried before the Hon. John P. Hubbakd. This was an action brought by the appellees against. the appellants, and sought to recover damages for the breach of a bond given to secure the appointment of a receiver. It was averred in the complaint and shown by the evidence, that upon bill filed by some of the defendants in the chancery court of Covington county against the appellees, and in accordance with the petition therefor, there was a receiver appointed of property alleged to belong to the plaintiffs, who were the defendants in said chancery suit;…
1Opinion of the CourtTyson, J.
This action is to recover damages for the breach of a bond executed in pursuance to the provisions of the Act of February 18, 1895, now constituting sections 801 and 802 of the Code of 1896.
The condition of the bond is that required by the statute. It is that the obligors “shall pay or cause to be paid all damages, which any person may suffer by the appointment of such receiver if such appointment is vacated.” It is shown by the complaint and the evidence that the cause in which the receiver was appointed was determined, upon final hearing, adversely to the complainants therein and their bill…
2Cases cited5 opinions
- Scott v. WareSupreme Court of Alabama · 1880
- Miller v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Simmons v. SheltonSupreme Court of Alabama · 1895
- Campbell v. H. B. Claflin Co.Supreme Court of Alabama · 1902
- Meyer v. ThomasSupreme Court of Alabama · 1901
3Cited by13 opinions
- Ex parte JonasSupreme Court of Alabama · 1914
- Strother v. McCordSupreme Court of Alabama · 1931
- Lyon v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1914
- Lambert v. AndersonSupreme Court of Alabama · 1933
- Parker v. FarishSupreme Court of Alabama · 1941
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