Reynolds v. Cox

Supreme Court of Alabama

Reynolds v. Cox

108 Ala. 276

CourtSupreme Court of Alabama

DecidedNovember 15, 1895

StatusPublished

Cited by2 cases

This text of 108 Ala. 276 (Reynolds v. Cox) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reynolds v. Cox, 108 Ala. 276 (Ala. 1895).

Pincite

Opinion

HEAD, J.

To justify an appellate court in rendering a summary judgment against sureties upon an obligation, executed as and for an appeal bond, it is not si Sa-cien t that the obligation be good merely as a common law bond, it must be in substantial compliance with the terms of the statute. — State v. City [278]*278Council of Montgomery, 74 Ala. 226 ; Quinn v. Adair, 4 Ala. 315. An acknowledgment, that a person becomes security “for all costs and damages as may be sustained by defendant by reason of the appeal,” is evidently not the equivalent of an agreement ‘‘to pay such judgment as may be rendered” against the plaintiff by tlie court to which the cause is sought to be removed, required by section 3399 of the Code, to be given on appeals from a justice’s court to the circuit court. The circuit court was, therefore, without authority to render a summary judgment against the appellant, who was simply a surety, and its judgment, to the.extent we have indicated, must be here reversed and annulled. There is no occasion to remand the cause.

Reversed and rendered.

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HEAD, J.

To justify an appellate court in rendering a summary judgment against sureties upon an obligation, executed as and for an appeal bond, it is not si Sa-cien t that the obligation be good merely as a common law bond, it must be in substantial compliance with the terms of the statute. — State v. City [278]*278Council of Montgomery, 74 Ala. 226 ; Quinn v. Adair, 4 Ala. 315. An acknowledgment, that a person becomes security “for all costs and damages as may be sustained by defendant by reason of the appeal,” is evidently not the equivalent of an agreement ‘‘to pay such judgment as may be rendered” against the plaintiff by tlie court to which the cause is sought to be removed, required by section 3399 of the Code, to be given on appeals from a justice’s court to the circuit court. The circuit court was, therefore, without authority to render a summary judgment against the appellant, who was simply a surety, and its judgment, to the.extent we have indicated, must be here reversed and annulled. There is no occasion to remand the cause.

Reversed and rendered.

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Bluebook (online)

108 Ala. 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-cox-ala-1895.

Opinion

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