Legal Opinion

Brown v. Higginbottom

Supreme Court of Alabama

Decided January 15, 1851PublishedCited by 2 opinions

EhRob. to the Circuit Court of Tuskaloosa. Tried before the Hon. Geo. D. Shortridge. cited — Clay’s Dig. 206, § 28; ib. 207, § 31; Taylor v. Acre, 8 Ala. 491; Wilson v. Collins, 9 Ala. 127; Van Cleave v. Haworth, 5 Ala. 188; Shackleford v. Miller, 18 Ala. 675. 1. The bill of exceptions shows no error that can be noticed by this court, because both the objections named in the bill of exceptions are general objections merely for supposed irregularities in the proceedings…

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EhRob. to the Circuit Court of Tuskaloosa. Tried before the Hon. Geo. D. Shortridge. cited — Clay’s Dig. 206, § 28; ib. 207, § 31; Taylor v. Acre, 8 Ala. 491; Wilson v. Collins, 9 Ala. 127; Van Cleave v. Haworth, 5 Ala. 188; Shackleford v. Miller, 18 Ala. 675. 1. The bill of exceptions shows no error that can be noticed by this court, because both the objections named in the bill of exceptions are general objections merely for supposed irregularities in the proceedings before the justice of the peace, without pointing out and showing in what the supposed irregularities consisted. The court…

1Opinion of the CourtDargan, C. J.

Several objections have been taken to the regularity of the proceeding before the justice of peace, 'and to the propriety of the order of the Circuit Court, directing the land to be sold; but we shall take notice of only one of them. It appears that the first execution was issued on the 25th of January, 1840, which was never returned. The second was issued on the 25th of March, 1850, which, for want of personal pro*208perty, was levied on land as the property of the defendants, and upon this levy the order ©f sale was- granted. The act under which this order was made provides,. “ that when it…

2Cases cited1 opinion

  1. Young v. Bank of AlabamaSupreme Court of Alabama · 1843

3Cited by2 opinions

  1. Draper, Matthis & Co. v. NixonSupreme Court of Alabama · 1890
  2. Brown, Toler & Phillips v. Hurt & Bro.Supreme Court of Alabama · 1857

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