Russell v. Locke

Supreme Court of Alabama
Russell v. Locke, 57 Ala. 420 (Ala. 1876)
Stone

Russell v. Locke

Opinion of the Court

STONE, J.

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.

*422No other question presented - need be considered; for the-, question raised on the evidence of the witness, Segars, is-rendered unimportant by the view we take of the case.

Affirmed.

Reference

Cited By
3 cases
Status
Published