Chandler v. Reid
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun.. -Tried before the Hon. George E. Brewer. The proceedings in this case were had upon- a motion by the appellee, George Reid, for a summary judgment against the appellants, as sureties on the bond of tire deceased sheriff of Calhoun county, based upon the alleged failure of the said sheriff to pay over to the movant on demand, one hundred dollars collected by said sheriff upon an execution which was issued from the circuit court of…
Read the full summary
Appeal from the Circuit Court of Calhoun.. -Tried before the Hon. George E. Brewer. The proceedings in this case were had upon- a motion by the appellee, George Reid, for a summary judgment against the appellants, as sureties on the bond of tire deceased sheriff of Calhoun county, based upon the alleged failure of the said sheriff to pay over to the movant on demand, one hundred dollars collected by said sheriff upon an execution which was issued from the circuit court of Calhoun county upon a judgment recovered by the movant therein, which execution was placed in the hands of the said…
1Opinion of the Court
McCLELLAN, J. —
This is a motion by Reid, under section 3101 of the Code, prosecuted against the sureties on the bond of a deceased sheriff. The sureties had notice of the motion, but failed to appear, and judgment by default, with leave to execute a writ of inquiry, was entered against them. This was proper; but the judgment entry should have shown that every material averment of the motion was proved. — Connoly v. A. & T. R. R. R. Co., 29 Ala. 573 ; Warwick v. Brooks, 70 Ala. 412. That the money was collected upon an execution, and that the officer failed to pay it over on demand of the…
2Cases cited4 opinions
- Mobile & Ohio Railroad v. StateSupreme Court of Alabama · 1857
- Dane v. McArthurSupreme Court of Alabama · 1876
- Warwick v. BrooksSupreme Court of Alabama · 1881
- Caldwell v. GuinnSupreme Court of Alabama · 1875
3Cited by2 opinions
- Goodwater Warehouse Co. v. StreetSupreme Court of Alabama · 1902
- Garnett v. ScottSupreme Court of Alabama · 1922