Snelgrove v. Branch Bank at Mobile
Supreme Court of Alabama
.Weit of Error to the County Court of Mobile. The judgment entry in this cause, shows that this was a proceeding by notice and motion, at the suit of the defendant in error, under its charter, to recover the amount due on a promissory note, which had been discounted by the Bank. The notice was addressed to the sheriff of Wilcox, and is endorsed as follows: “Received the 7th May, 1841, executed May, 11th 1841, on Snel-grove; Samuel Burnett, sheriff, by S. Gregg, deputy.”
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.Weit of Error to the County Court of Mobile. The judgment entry in this cause, shows that this was a proceeding by notice and motion, at the suit of the defendant in error, under its charter, to recover the amount due on a promissory note, which had been discounted by the Bank. The notice was addressed to the sheriff of Wilcox, and is endorsed as follows: “Received the 7th May, 1841, executed May, 11th 1841, on Snel-grove; Samuel Burnett, sheriff, by S. Gregg, deputy.” A judgment by default was rendered against the defendant, for the^ amount said to be due on the note, for principal and…
1Opinion of the CourtCollier, C. J.
1. The notice in express terms, requires “ Alfred Snolgrove and Aaron Livingston,” to be informed that the plaintiff below, will move for judgment against them, and when it is returned, served on “Snelgrove,” the conclusion of law.in the absence of a plea, denying the fact, is that he is the individual of that name, who is intended by the notice. As to proof of the official character of Burnett, none is necessary. We have repeatedly held, that we must know without proof who are sheriff’s •&c., in the different counties of this State. If we were not judicially charged with this knowledge, the…
2Cited by6 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913
- Timberlake v. BrewerSupreme Court of Alabama · 1877
- Morrow v. Norvell-Shapleigh Hdw. Co.Supreme Court of Alabama · 1910
- Veasey v. BrigmanSupreme Court of Alabama · 1890
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