Warwick v. Brooks
Supreme Court of Alabama
Appear from the Circuit, Court of Perry. Tried before, the TIon. John P. Tirrman, an attorney of flic court, selected by the clerk ((lode, $ 6(54), on account of the incompetently of the presiding judge. Tite judgment in this case, from which the appeal is sued out, is in tite following words: “ William M. Brooks n. J. F. Warwick, and Geo. W. Chambers, TT. G. Bingham, J. M. JV. B. IVix, Titos. IF.
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Appear from the Circuit, Court of Perry. Tried before, the TIon. John P. Tirrman, an attorney of flic court, selected by the clerk ((lode, $ 6(54), on account of the incompetently of the presiding judge. Tite judgment in this case, from which the appeal is sued out, is in tite following words: “ William M. Brooks n. J. F. Warwick, and Geo. W. Chambers, TT. G. Bingham, J. M. JV. B. IVix, Titos. IF. Gurry, Jamas T. Dye, L. Glómger, J. G. Hendricks, and A. J. Street, as securities on his official bond, as sheriff of Talladega county. This day came the plaintiff, by his attorney, and TIon. John…
1Opinion of the CourtStone, J.
The present was a proceeding under the statute, instituted by motion, to obtain a judgment against the sheriff and his sureties, for failing to return an execution issued from the (hrcuit Court of Perry county. The remedy invoked is summary, and to sustain a judgment thus obtained, the record must disclose every fact necessary to entitle the party to such remedy, and that it has been.pursued according to the statute.-2 Brick. Dig. 464, § 1. The defendants (appellants here] did not appear in the court below, and the cause proceeded to final judgment in their absence. In the absence of an issue…
2Cases cited6 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Brown v. WheelerSupreme Court of Alabama · 1842
- Barclay v. BarclaySupreme Court of Alabama · 1868
- Arthur v. StateSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Goodwater Warehouse Co. v. StreetSupreme Court of Alabama · 1902
- North Birmingham Trust & Savings Bank v. HearnSupreme Court of Alabama · 1924
- Chandler v. Francis Vandegrift Shoe Co.Supreme Court of Alabama · 1891
- Weeks v. YeendSupreme Court of Alabama · 1894
- Chandler v. ReidSupreme Court of Alabama · 1896