Mason v. Brazier
Supreme Court of Alabama
Writ of error to lite Circuit Court of Wilcox County. JUDGMENT was rendered against Mason and Daniel, as securities of one Hill, sheriff of Wilcox county, on the motion of Brazier, for failing to .pay over money collected by the sheriff on an execution issued at Brazier’s suit, against Thomas E. Ellis, J. M. Hill (the sheriff,) II. C. Fountain, and William C. Garrison.
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Writ of error to lite Circuit Court of Wilcox County. JUDGMENT was rendered against Mason and Daniel, as securities of one Hill, sheriff of Wilcox county, on the motion of Brazier, for failing to .pay over money collected by the sheriff on an execution issued at Brazier’s suit, against Thomas E. Ellis, J. M. Hill (the sheriff,) II. C. Fountain, and William C. Garrison. The notice of the motion was issued to Hill, to the defendants, and to several other persons like the defendants, the securities for Hill, but was served on the defendants only. At the return term, the motion was entered…
1Opinion of the CourtGoldthwaite, J.
— 1. The motion, to quash the execution, was made by one who is not a party to these proceedings, and therefore has no appropriate connexion with this ease; besides this, it was resisted by the party who now seeks to reverse thejudgment for this error, which, if it be one, was committed at his instance. This assignment cannot be sustained, because these defendants have no interest in correcting errors committed against one who has no connexion with them.
The examination of the other assignments requires a brief examination of al! the statutes which authorize a summary proceeding against a…
2Cited by3 opinions
- Spicer v. StateSupreme Court of Alabama · 1881
- Anderson v. StateWisconsin Supreme Court · 1851
- Evans v. Bank of the StateSupreme Court of Alabama · 1848