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59 Ala. 565

Ruffin v. Hines

Supreme Court of Alabama

Decided December 15, 1877

Supreme Court of Alabama · decided 1877-12-15

Tried before the Hon. JonN Henderson. The mercantile firm of Lewy & Lewy brought suit before a justice of the peace in Coosa county on an account against Nathan Hines. A judgment was rendered in favor of the defendant for the sum of twenty 97-100 dollars. The plaintiffs appealed to the Circuit Court of the said county, and executed an appeal bond in the usual form, with Jesse L. Ruffin as one of their sureties.

Decided 1877-12-15

STONE, J.—

¶1The statute—Code of 1876, § 3654—which provides for appeals from judgments of justices of the peace to the Circuit Court, contains no clause which declares the sum or penalty in which the appeal bond shall be given. The party appealing must execute “a bond or obligation,,, with sufficient security, payable to the adverse party, conditioned to pay such judgment, both as to debt and costs, as may be rendered by the Circuit Court.” The Circuit Court did not err in overruling the motion and quashing the super- ■ sedeas.

¶2Affirmed.

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