Maxwell v. Pounds
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. Samuel H. Spkott.- •The proceedings in this case were commenced by a motion filed by the appellee for a summary judgment against the appellants as sureties on the official bond of J. M. Pumphrey, deceased, who was the former sheriff of Tuscaloosa county.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. Samuel H. Spkott.- •The proceedings in this case were commenced by a motion filed by the appellee for a summary judgment against the appellants as sureties on the official bond of J. M. Pumphrey, deceased, who was the former sheriff of Tuscaloosa county. The motion set out the fact that the movant had recovered a judgment against W. T. Hamner and Robert Hamner in the circuit court of Tuscaloosa county; that an execution issued upon said j udgment and was delivered to Pumphr-ey, as sheriff, and that said Pumphrey as ■ sheriff…
1Opinion of the CourtBrickell, C. J.
1. This is a summary proceeding by notice and motion, under the statute, (Code of 1886, § 3Í01; Code of 1896, §3769), to recover the penalty imposed on a sheriff for a failure to return an execution ; and the primary question is, the sheriff having died, whether the proceeding may be maintained against the sureties on his official bond, or such of them as may be served with notice. All summary proceedings must bé taken and pursued in strict conformity to the statutes *555creating them — by construction they will not be extended beyond the terms of the statute. Originally the proceeding could have…
2Cases cited4 opinions
- McRae v. ColcloughSupreme Court of Alabama · 1841
- Orr v. DuvallSupreme Court of Alabama · 1840
- Ex parte WilsonSupreme Court of Alabama · 1875
- Reed v. SummersSupreme Court of Alabama · 1885
3Cited by5 opinions
- Higdon v. FieldsAlabama Court of Appeals · 1912
- Stephens v. HeadSupreme Court of Alabama · 1903
- Green v. MinorSupreme Court of Alabama · 1932
- Griffin v. DauphinSupreme Court of Alabama · 1901
- Albritton v. WilliamsSupreme Court of Alabama · 1902