Garey v. Frost
Supreme Court of Alabama
Ekkoe to Sumter County Court. This was a proceeding by the defendants in error, against the plaintiff in error, as sheriff of Sumter, suggesting that he could have made by due diligence, the money on an execution of the defendants in error.
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Ekkoe to Sumter County Court. This was a proceeding by the defendants in error, against the plaintiff in error, as sheriff of Sumter, suggesting that he could have made by due diligence, the money on an execution of the defendants in error. The sheriff appeared, and issue being joined on the suggestion, the jury found the issue for the plaintiff, and that the sheriff could by due diligence, have made the money on the execution of the plaintiff, and it being made to appear that certain persons were the sureties of the sheriff, judgment was rendered by the court against the sheriff and his…
1Opinion of the CourtOrmond, J.
In the case of Smith v. The Branch Bank at Mobile, during the present term, we gave the result of the cases to be found in our books upon the law of these summary proceedings. It appears not to be understood, although repeatedly decided, and especially in the leading case of Currie v. The Bank of Mobile, [8 Porter, 360,] as also in many subsequent cases — that in these summary proceedings, when the parties appear and an issue is tried by a jury, they are then like other suits in court commenced in the ordinary mode, and to be governed by the same rules which govern other suits, when a…
2Cases cited2 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Reid v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1842
3Cited by3 opinions
- Derrett v. AlexanderSupreme Court of Alabama · 1854
- Babcock v. HuntingtonSupreme Court of Alabama · 1846
- Price v. Br. BankSupreme Court of Alabama · 1850