Hatch v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. James Cobbs. The record in this case shows that, on the 26th March, 1866, the following conditional judgment was rendered, in favor of the State, against A. G. Scott and Alfred Hatch: “ The State of Alabama \ vs. A. G. Scott and Alfred Hatch.) It appearing to the >-court that A. G. Scott and Alfred Hatch agreed to pay to the State of Alabama the sum of two hundred dollars, unless the said A. G. Scott, the…
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Appeal from the Circuit Court of Marengo. Tried before the Hon. James Cobbs. The record in this case shows that, on the 26th March, 1866, the following conditional judgment was rendered, in favor of the State, against A. G. Scott and Alfred Hatch: “ The State of Alabama \ vs. A. G. Scott and Alfred Hatch.) It appearing to the >-court that A. G. Scott and Alfred Hatch agreed to pay to the State of Alabama the sum of two hundred dollars, unless the said A. G. Scott, the defendant in this cause, appeared here at this term of the court, to answer unto the State of Alabama the offense of retailing…
1Opinion of the CourtBybd, J.
This is a civil suit, and not a criminal proceeding; and we must reverse the judgment against the appellant, upon the authority and reasoning of the following cases, and the point hereafter next stated: Howie & Morrison v. The State, 1 Ala. 113; The State v. Hinson, 4 Ala. 673; Governor, use &c., v. Knight, 8 Ala. 297.
The court erred in entering judgment final against the surety, and setting aside the judgment nisi against the principal, in the same entry. The surety and principal being in court, the setting aside of the judgment nisi as to the latter, operated a discontinuance of the cause…
2Cases cited2 opinions
- Howie v. StateSupreme Court of Alabama · 1840
- Governor v. KnightSupreme Court of Alabama · 1845
3Cited by4 opinions
- Jones v. City of OpelikaSupreme Court of Alabama · 1941
- Dover v. State ex rel. Winston CountySupreme Court of Alabama · 1871
- State ex rel. Coosa County v. ParkerSupreme Court of Alabama · 1887
- State ex rel. Fayette County v. EarnestSupreme Court of Alabama · 1898