Fitzpatrick v. Branch Bank at Montgomery
Supreme Court of Alabama
Error to the Circuit Court of Macon. Before the'Hon. G. W. Stone. A judgment on motion, was rendered against Fitzpatrick, as sheriff of Macon, and his sureties, for failing to pay over $570, collected by Fitzpatrick, as sheriff, on an execution issued in favor of the defendant in error against George Stone and others.
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Error to the Circuit Court of Macon. Before the'Hon. G. W. Stone. A judgment on motion, was rendered against Fitzpatrick, as sheriff of Macon, and his sureties, for failing to pay over $570, collected by Fitzpatrick, as sheriff, on an execution issued in favor of the defendant in error against George Stone and others. The judgment entry recites, that an execution issued in favor of defendant in error, against Stone and others, for'$907 -14, returnable to the circuit court of Macon, to be held on the third Monday of May thereafter, which was placed in the hands of Fitzpatrick, as sheriff, on…
1Opinion of the CourtDargan, J.
In proceedings to recover judgment against a sheriff and his securities, in a summary manner by motion, the judgment entry must show every fact necessary to sustain the jurisdiction of the court, and the liability of the defendants. Clemens and Hall et al. v. The Branch Bank at Montgomery, 1 Ala. 50; Curry v. The Bank of Mobile, 8 Por. 360. In this case, the judgment entry recites, that the sheriff received $420 on the execution, on the 17th May, 1842, which was after the return day thereof, and this sum is a portion of the judgment recovered. It has been settled by the decisions of this…
2Cases cited1 opinion
- Clements v. Branch of the BankSupreme Court of Alabama · 1840
3Cited by2 opinions
- Governor v. ReadSupreme Court of Alabama · 1862
- Governor v. PearceSupreme Court of Alabama · 1858