Legal Opinion

Wallace v. Crosthwait

Supreme Court of Alabama

Decided November 15, 1903PublishedCited by 3 opinions

Appeal from the Circuit Court of Lawrence. Tried before the Hon. Osceola Kyle. The facts of the case necessary to the understanding of the decision on the present appeal are sufficiently stated in the opinion.

1Opinion of the Court

HARALSON, J. —

This was a'motion by the defendant, W. K. Wallace, in the circuit court, to require the defendant, A. J. Crosthwait, clerk of the county court, to pay to him $45, the amount of a fine alleged to have been collected by him as clerk, in a criminal case in said court, wherein the defendant was convicted and fined $45 for violating a contract he had entered into with the said Wallace as his surety under section 4751 of the Code of 1896.

The case was tried by the court without a jury, upon the motion and answer, and an agreed statement of facts. No minute entry of the finding and…

2Cases cited2 opinions

  1. Bell v. OttsSupreme Court of Alabama · 1893
  2. Chamberlain v. Mobile Fish & Oyster Co.Supreme Court of Alabama · 1902

3Cited by3 opinions

  1. Plunkett v. DendySupreme Court of Alabama · 1916
  2. Mitchell v. Shreveport Creosoting Co.Supreme Court of Louisiana · 1909
  3. Preston Motor Sales Co. v. Preston Motor CorporationSupreme Court of Alabama · 1922

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