Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
BROWN et al vs. McLANE
JUDGE CRENSHAWA motion has been made to dismiss this writ of error on the ground of improper parties. The record shows that in a case of bastardy Brown and his security entered into bond, payable to the Judge of the County Circuit, conditioned for the maintenance of the child. To such bond the law gives the force and effect of a judgment, and the obligee must be considered as the party plaintiff and the obligatee must be considered as the party plaintiff and the obligors as defendants. But in the present case, Elizabeth McLane, the mother of the child, seems, by the writ of error, to have been considered as the party plaintiff in the judgment, and the citation has been served on her as defendant in error here.
It is the opinion of the court that the writ of error must be dismissed.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 209.