Arthur v. State
Supreme Court of Alabama
ERROR to the Circuit Court of Barbour. The record does not show the name of the presiding judge. The proceeding in the court below arose on a suggestion, made by the Attorney General in behalf of the State of Alabama, that Arthur, late sheriff of Dale county, had failed to make the money on a certain fofa, which came to his hands in favor of the State of Alabama v. Archibald S. Justice, when by proper diligence it could have been made.
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ERROR to the Circuit Court of Barbour. The record does not show the name of the presiding judge. The proceeding in the court below arose on a suggestion, made by the Attorney General in behalf of the State of Alabama, that Arthur, late sheriff of Dale county, had failed to make the money on a certain fofa, which came to his hands in favor of the State of Alabama v. Archibald S. Justice, when by proper diligence it could have been made. This suggestion was made at the Fall Term, 1848, of said Circuit Court, and was continued regularly from term to term until Spring Term, 1850, when the…
1Opinion of the CourtLigon, J.
The only point relied on in the argument by counsel for the plaintiffs in error, related to the notice given to Arthur, the sheriff, of the suggestion and motion against him in the court below. He insists that the judgment entry does not show such notice as will justify the judgment rendered, and that we cannot look to other parts of the transcript to aid it.
It is certainly true, that, in all summary proceedings by motion, the judgment, whether by default or otherwise, must show affirmatively every fact necessary to give the court this summary jurisdiction; and in judgments by default, the…
2Cases cited2 opinions
- Brown v. WheelerSupreme Court of Alabama · 1842
- Reid v. JacksonSupreme Court of Alabama · 1840
3Cited by3 opinions
- Evans v. JohnsonWest Virginia Supreme Court · 1894
- Warwick v. BrooksSupreme Court of Alabama · 1881
- Caldwell v. GuinnSupreme Court of Alabama · 1875