Legal Opinion

Wallace v. Taylor

Supreme Court of Alabama

Decided January 15, 1845Published

Writ of error to the Circuit Court of Butler. MotioN, under the statute, by Wallace, as clerk of the Supreme Court, in the name of Arrington, the notice of which issued to J. B. Windham, as sheriff of Butler, and to Taylor, Smith, Womack and Otts, as his sureties, for failing to pay over the amount of a certain fi. fa. for costs, issued at the suit of Arrington, against one Jones, and returned satisfied by the said sheriff.

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Writ of error to the Circuit Court of Butler. MotioN, under the statute, by Wallace, as clerk of the Supreme Court, in the name of Arrington, the notice of which issued to J. B. Windham, as sheriff of Butler, and to Taylor, Smith, Womack and Otts, as his sureties, for failing to pay over the amount of a certain fi. fa. for costs, issued at the suit of Arrington, against one Jones, and returned satisfied by the said sheriff. Notice of the motion was served upon Taylor and Smith, and as to the others, the notice was returned not found. Neither in the motion, nor the notice served, is there any…

1Opinion of the CourtGoldthwaite, J.

— The plaintiff insists that the service of the notice, that a motion would be made, is sufficient, as the duty of the sheriff is to render the money collected to the clerk, by mail. The act of 1839, it is true, makes it the duty of any sheriff, or other officer, having collected money upon an execution for costs, issued from the Supreme Court, to render the same to the clerk, according to the exigencies of the writ; and provides also, that in case he fail to pay the moneys made by him as aforesaid, he and his sureties shall be subject to a judgment, upon motion to the Circuit Court, upon ten…

2Cases cited1 opinion

  1. Broughton v. President of the BankSupreme Court of Alabama · 1837

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