Noble & Bro. v. Cullom & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before E. M. Williamson, Esq., an attorney of the court, under § 758 of the Eevised Code. This cause grew out of a motion of the sheriff, for the direction of the circuit court as to the application of moneys collected by him, on various executions issued on judgments rendered by the “ county court,” afterwards “ city court,” and the circuit court.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before E. M. Williamson, Esq., an attorney of the court, under § 758 of the Eevised Code. This cause grew out of a motion of the sheriff, for the direction of the circuit court as to the application of moneys collected by him, on various executions issued on judgments rendered by the “ county court,” afterwards “ city court,” and the circuit court. The various parties interested appeared and contested with each other the right to the moneys collected. The dates of the rendition of these judgments, and the facts upon which the decision is…
1Opinion of the CourtPetees, J.
In this suit, a motion is made to set aside the submission of the cause for the consideration and judgment of this court, which seems to have been made at the same term that the transcript was filed.
The grounds of this motion are — that the cause has been irregularly brought into this court; that it has been brought here by consent, and not by appeal in the regular way prescribed by the statute. No doubt that this court may take jurisdiction of the subject-matter of this suit. It appears that the transcript was filed in this court, on the 16th day of June, 1868, and that errors were thereupon…
2Cases cited23 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Ex Parte MilliganSupreme Court of the United States · 1867
- Luther v. BordenSupreme Court of the United States · 1849
- Crandall v. NevadaSupreme Court of the United States · 1868
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
18 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Perkins v. CorbinSupreme Court of Alabama · 1871
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
- Todd v. Neal's AdministratorSupreme Court of Alabama · 1873