McArthur v. Dane
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. H. T. Toulmin. This is an appeal by McArthur from an order of the Circuit Court quashing an execution in his favor against Dane. It appears from the record that on the eighth day of March, 1875, McArthur recovered a judgment in an attachment suit against one Blodgett in the Circuit Court, for the sum of’ $344.62 costs.
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Appeal from Circuit Court of Mobile. Tried before Hon. H. T. Toulmin. This is an appeal by McArthur from an order of the Circuit Court quashing an execution in his favor against Dane. It appears from the record that on the eighth day of March, 1875, McArthur recovered a judgment in an attachment suit against one Blodgett in the Circuit Court, for the sum of’ $344.62 costs. Execution was placed in the hands of Dane, who was then sheriff, but he erroneously applied the proceeds of the sale of the property levied on, to the satisfaction of other executions in his hands. On the ninth of April,…
1Opinion of the CourtStone, J.
When the case of Dane v. McArthur was in this court at a former term, we corrected a clerical error in the judgment-entry, and affirmed the judgment against Rufus Dane. But inasmuch as the clerical error had to be corrected, and was corrected in this court, before the judgment could be affirmed, the result was that no damages were, or could be awarded by this court on the affirmance. Plence we said, in the opinion in that case, “ affirmed, but without damages adjudged on affirmance in this court.” — Dane v. McArthur, 57 Ala. 448; Code of 1876, § 3946; 1 Brick. Dig. 81, § 178, et seq. In the…
2Cases cited4 opinions
- Wiswell v. MunroeSupreme Court of Alabama · 1842
- Dane v. McArthurSupreme Court of Alabama · 1876
- Stephens v. Norris, Stodder & Co.Supreme Court of Alabama · 1848
- Norris v. CottrellSupreme Court of Alabama · 1852
3Cited by7 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
- State Personnel Bd. v. AkersSupreme Court of Alabama · 2000
- Stegall v. WrightSupreme Court of Alabama · 1904
- Thomason v. GraySupreme Court of Alabama · 1887
- Werborn v. PinneySupreme Court of Alabama · 1884
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