Cooper v. Peck
Supreme Court of Alabama
ERROR to the Circuit Court of Tuskaloosa. Tried before tbe Hon. Thomas A. Walker. Peck and Clark exhibited their petition in tbe court below, setting out tbe following facts, viz: that, on the 24tb of December, 1844, tbe plaintiff in error sued out an attachment against one Erancis Inge, and caused it to be levied on a negro slave named Jackson, wbicb was replevied by tbe petitioners, who are defendants in error, who executed tbe usual statutory replevy bond; that at the…
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ERROR to the Circuit Court of Tuskaloosa. Tried before tbe Hon. Thomas A. Walker. Peck and Clark exhibited their petition in tbe court below, setting out tbe following facts, viz: that, on the 24tb of December, 1844, tbe plaintiff in error sued out an attachment against one Erancis Inge, and caused it to be levied on a negro slave named Jackson, wbicb was replevied by tbe petitioners, who are defendants in error, who executed tbe usual statutory replevy bond; that at the September term of the Circuit Court, in tbe year 1848, the plaintiff in error obtained judgment in the attachment suit…
1Opinion of the CourtLigon, J.
The principal points presented by this record, have already been passed upon by this court, in the case of Braley v. Clark, at the present term.
It is there held, that the condition of a replevy bond can only be complied Avith by a delivery of the property re-*409plevied to tbe sheriff, on his demand, after judgment against the defendant in attachment. The tender of a bond to try the right of the property replevied, when the property itself is withheld from the sheriff, is a breach of the condition of the bond, and justifies the sheriff in returning it “forfeited.”
After such forfeiture, the…
2Cited by4 opinions
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- Brown v. HamilSupreme Court of Alabama · 1884
- Cooper & Co. v. DavisSupreme Court of Alabama · 1889