Sellers v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. T. S. Sayre. This was an action of assumpsit brought by the appellee against the appellant. The facts of the case necessary to an understanding of the present appeal are sufficiently set forth in the opinion.
1Opinion of the CourtTyson, J.
This action was originally brought in a justice court. Judgment was there rendered against the defendant from which he appealed to the circuit court, executing a bond with McIntyre as his surety. In the circuit court, the defendant .was again cast in the suit and judgment was rendered against him and McIntyre as provided by the statute. — § 493 of Code.
This appeal is prosecuted by Sellers alone, and not for and on behalf of himself and McIntyre. On this ground a motion to dismiss the appeal is made. This precise question arose in Eastland v. Jones (Minor’s Report, 275), which was brought to…
2Cases cited1 opinion
- Vaughan v. HigginsSupreme Court of Alabama · 1881
3Cited by9 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- Evans v. Cheyenne Cement Stone & Brick Co.Wyoming Supreme Court · 1912
- State v. CruikshankWest Virginia Supreme Court · 1953
- Dickens v. DickensSupreme Court of Alabama · 1911
- Matthews v. DonaldSupreme Court of Alabama · 1955
4 more not listed; retrieve them via the Exa API.