Russell v. Locke
Cases that cite this one
2 later published cases cite this decision.
- Winkle v. Anderson (Ala. 1932)
- Braswell v. Watkins (Ala. 1927)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The sole question presented by this record .arises on a motion to quash the replevin bond. We think the bond given is not a good statutory bond under section. 2964 of the Revised Code, and that no execution could properly issue upon it under section 2966. . It fails to describe sufficiently the process under which the levy was made; and, consequently, any statutory execution issued on the endorsement of such bond forfeited, would be quashed on motion.—Lunsford v. Richardson, 5 Ala. 618; Moffitt v. Br. Bank, 7 Ala. 593; Br. Bank v. Darrington, 14 Ala. 192; Nicolson v. Burke, 15 Ala. 353; Shorter v. Mimms, 18 Ala. 655.
We hold, however, that the bond is a good common-law obligation, and that with proper averments, it will support .an action.—Sewall v. Franklin, 2 Por. 493; Meredith v. Richardson, 10 Ala. 828; Williamson v. Woolf, 37 Ala. 298; Mitchell v. Ingram, 38 Ala. 395; Wood v. Coman, at present term.
The bond is not void, and the Circuit Court did not err fin refusing to quash it.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.