Pope v. Stout
Supreme Court of Alabama
This cause was brought into this Court by writ of error sued out by Pope and Hickman, who were also plaintiffs below, to reverse a judgement rendered by the Circuit Court of Morgan county, at April term, 1826, on a summary proceeding against Stout, as coroner of said county, for failing to return according to law, a certain writ ot fieri facias which had issued on the 18th of November, 1819, from the then Superior C.onrt of said county, then called Cotaco county, in favor of…
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This cause was brought into this Court by writ of error sued out by Pope and Hickman, who were also plaintiffs below, to reverse a judgement rendered by the Circuit Court of Morgan county, at April term, 1826, on a summary proceeding against Stout, as coroner of said county, for failing to return according to law, a certain writ ot fieri facias which had issued on the 18th of November, 1819, from the then Superior C.onrt of said county, then called Cotaco county, in favor of the plaintiffs, against Washington Gray, the then sheriff of said county, for b997 30 debt, S99 70 damages, and <514 37…
1Opinion of the Court
JUDGE PERRY
delivered the opinion of the Court.
The errors assigned are, 1st. That the Court below erred in arresting the judgement on the reasons assigned therefor. 2nd. That judgement should have been given for the plaintiffs on the verdict of the jury. In considering the first assignment, the attention of the Court is called to the reasons filed for the arrest of judgement in the Court below ; the first of which has been settled by a previous decision of this Court, unless a distinction exists in regard to persons, and the situation they occupy in society as regards their relative rights to…
2Cited by7 opinions
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- Johnson v. McLaughlinSupreme Court of Alabama · 1846
- Governor v. LindsaySupreme Court of Alabama · 1848
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