Burns v. George
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by Alice H. George against A. W. Burns and others. From a judgment for plaintiff, defendants appeal.
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Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by Alice H. George against A. W. Burns and others. From a judgment for plaintiff, defendants appeal. It is alleged that a fi. fa. was levied by Burns on certain property, and the breaches declared on are that the sheriff released the property without taking the bonds required by law; (2) that he released it without taking a statutory bond provided by law; (3) that he released the property without taking any bond for it; (4) that he failed to make the money on the execution; (5) that he failed to malee the money on the…
1Opinion of the CourtDowdell, J.
This is an action against the sheriff and his sureties on his official bond. There are a number of breaches assigned in the complaint. The rulings on the pleadings were settled on a former appeal.— Burns v. George, 119 Ala. 504, 24 South. 718.
“Judgments, having the assignable quality of choses in action, may be transferred by parol or in writing; and such assignment, though not made in the mode prescribed by the statute, passes an equity in said judgment, entitling the assignee to sue on the judgment or to have execution issued thereon.” — Gardner v. N. W. Ry. Co., 102 Ala. 635, head note 1,…
2Cases cited6 opinions
- Coghill v. KennedySupreme Court of Alabama · 1898
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1897
- Murphy v. StateSupreme Court of Alabama · 1895
- Smith v. StateSupreme Court of Alabama · 1890
- Gardner v. Mobile & Northwestern RailroadSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sharp v. StateSupreme Court of Alabama · 1915
- Gambill v. GreenwoodSupreme Court of Alabama · 1945
- Hall v. ClaytonAlabama Court of Appeals · 1912