May v. Robertson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. This suit was commenced by motion before a justice of the peace, by Robertson against May as a constable, and against Coker, Best and Spence as his official sureties. The default alledged, is the failure to return a certain writ of execution described in the notice.
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Writ of Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. This suit was commenced by motion before a justice of the peace, by Robertson against May as a constable, and against Coker, Best and Spence as his official sureties. The default alledged, is the failure to return a certain writ of execution described in the notice. After judgment against them, the defendants appealed to the circuit court, where they pleaded as follows: 1. Coker, Best and Spence denied all the allegations of the motion. 2. Best and Spence asserted that when the execution was placed in May’s .hands,…
1Opinion of the CourtCollier, C. J.
We cannot perceive that the defend*89ants could have been prejudiced by the refusal to permit one of them to withdraw his pleas. But conceding that one of several defendants has the right to abandon his defence, it is clear that an application for the others to replead is a matter within the discretion of the court; and its refusal is not revisable on error.
The act of 1840 “ relative to justices courts, and for other purposes, in certain counties therein named,” enacts that the courts of justices of the peace in Talladega and other counties, shall be holden regularly once a month, and at no…
2Cases cited1 opinion
- Robertson v. CokerSupreme Court of Alabama · 1847
3Cited by4 opinions
- Wright v. LangSupreme Court of Alabama · 1880
- Pearce v. Bank of MobileSupreme Court of Alabama · 1859
- Dubose v. DuboseSupreme Court of Alabama · 1862
- Torres v. RamírezSupreme Court of Puerto Rico · 1915