Daniels v. Hamilton
Supreme Court of Alabama
Appeal from Circuit Court of Cherokee. Tried before Hon. W. L. Whitlock. This was a summary proceeding commenced by the appellee, Hamilton, by motion in the circuit court, against Daniels, the sheriff, and his sureties, for his failure, from want of due diligence, to make the money on a certain execution placed in his hands against William Johns and George Agnew. The motion was directed to the sheriff, by name, “and his sureties,” without anywhere stating their names.
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Appeal from Circuit Court of Cherokee. Tried before Hon. W. L. Whitlock. This was a summary proceeding commenced by the appellee, Hamilton, by motion in the circuit court, against Daniels, the sheriff, and his sureties, for his failure, from want of due diligence, to make the money on a certain execution placed in his hands against William Johns and George Agnew. The motion was directed to the sheriff, by name, “and his sureties,” without anywhere stating their names. It states that there was indorsed by the clerk on the fi. fa., “No security of any kind can be taken on this execution,” and…
1Opinion of the CourtJudge, J.
It is not necessary, in a proceeding like the present, to particularize by name in the notice the securities of the sheriff. But in the motion submitted to the court, the names of all the parties against whom judgment is sought should. be stated. McRae v. Colclough, 2 Ala. 74. There was an omission to do this in the present case, and if, in the demurrer to the motion, the defect of this omission had been specified, the demurrer would have been well taken. The court was prohibited by statute from the consideration of any objection not specifically named, and therefore committed no error in…
2Cases cited5 opinions
- Harris v. BradfordSupreme Court of Alabama · 1842
- McRae v. ColcloughSupreme Court of Alabama · 1841
- Smith v. LeavittsSupreme Court of Alabama · 1846
- Niolin v. HamnerSupreme Court of Alabama · 1853
- Leavitt v. SmithSupreme Court of Alabama · 1848
3Cited by14 opinions
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- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
- Clark v. SpencerSupreme Court of Alabama · 1883
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
- Sherry v. BrownSupreme Court of Alabama · 1880
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