Rust v. Paine
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Debt on bond by defendant against plaintiffs in error, commenced in a justice’s court and taken by appeal to the Circuit Court of Mobile.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Debt on bond by defendant against plaintiffs in error, commenced in a justice’s court and taken by appeal to the Circuit Court of Mobile. The bond sued on was executed on the 10th March 1846, and, after reciting that the plaintiff in error, Rust, had been arrested by a constable under a capias ad satisfacien-dum, and. that he had applied to J. A. Roberts and S. T. Douglass, two justices of the peace, for the benefit of an act entitled i! an act amendatory to the laws now in force for the releif of insolvent debtors,” who…
1Opinion of the CourtCollier, C. J.
The Act of 1821 enacts that when any person, who may be taken on mesne process, or be charged in execution, shall desire to deliver up his property for the benefit of his creditors, in order to be discharged from arrest or execution, he shall enter into bond with surety, for the amount for which he shall be taken in custody or charged in execution, to the sheriff, &c., conditioned that he will appear and make surrender, in such manner as is required by law, of his property or effects for the benefit of Ms creditors, at such time and place as may be designated by the judge or two justices of…
2Cases cited3 opinions
- Anderson v. RheaSupreme Court of Alabama · 1844
- Morrow v. WeaverSupreme Court of Alabama · 1845
- Davis' Executors v. CatheySupreme Court of Alabama · 1828