Waganer v. Maupin
Waganer v. Maupin
Opinion of the Court
The present appeal is from a judgment for $356.50, recovered January 7, 1892, by E. L. Mau-pin against L, P. Waganer. The appeal and supersedeas bond is conditioned for the successful prosecution of an appeal “to supersede and reverse a judgment recovered by the said E. L. Maupin against the said Louis P. Waganer at the Pali Term, 1891, of the Circuit Court of Mobile for Mobile county, for three hundred and fifty-six and 50-100 dollars, besides costs.” The certificate of appeal follows the bond; and the said Maupin was cited to appear in this court and defend against an appeal taken to reverse a judgment recovered by said Maupin against said Waganer. So that it is most clear that the judgment appealed from, and the only judgment appealed from, was that recovered by Mau-pin, plaintiff, against Waganer, defendant, the action being-on a stated account. No Contest was had in the court below in this action. The judgment was by nil dieit, with writ of inquiry, which was duly executed, verdict returned, and final judgment entered thereon. No exception was reserved to any action of the court involved in or leading up to this judgment. No assignment of error on the record before us had any reference to this judgment.
After the institution of the suit, plaintiff had summonses
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.