Caldwell v. Guinn
Supreme Court of Alabama
Appeal from Circuit Court of Randolph. Tried before Hon. J. McCaleb Wiley. Guinn, the appellee, entered a motion on the docket of the circuit court, against Caldwell, “treasurer of Randolph county, and his sureties on his official bond,” who were named, for judgment against them “for the failure of the treasurer, on demand, to pay an allowed claim against the county, when there were funds in the treasury to pay the same — said claim No. 86, and registered 7th January, 1867,…
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Appeal from Circuit Court of Randolph. Tried before Hon. J. McCaleb Wiley. Guinn, the appellee, entered a motion on the docket of the circuit court, against Caldwell, “treasurer of Randolph county, and his sureties on his official bond,” who were named, for judgment against them “for the failure of the treasurer, on demand, to pay an allowed claim against the county, when there were funds in the treasury to pay the same — said claim No. 86, and registered 7th January, 1867, demand ma’de 2d February, 1874, by James K. Guinn in person, with interest from demand, ten per cent, damages and…
1Opinion of the CourtBrickell, C. J.
The demurrers to the motion are probably well taken, but we are not informed what action was had by the court on them, otherwise than by the recitals of the bill of exceptions. We must, under the authority of Petty v. Dill, 53 Ala., decline to revise the action of the court on the demurrers, as it is not shown by any entry of record of the judgment.
The statute authorizes a summary judgment, on motion, against a county treasurer and his securities, or any or either of them, having five days’ notice, in favor of the party to whom an allowed claim against the county is payable, or his legal…
2Cases cited2 opinions
- McRae v. ColcloughSupreme Court of Alabama · 1841
- Arthur v. StateSupreme Court of Alabama · 1853
3Cited by2 opinions
- Grayson v. LathamSupreme Court of Alabama · 1887
- Chandler v. ReidSupreme Court of Alabama · 1896