O'Connor Mining & Manufacturing Co. v. Dickson
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. James A. Bilbro. The proceedings in this case were had upon a motion made by the appellant for a summary judgment against the appellees, B. S. Dickson and the sureties on his official bond as sheriff, for the failure of said Dickson to indorse on an execution delivered to him the true date of its delivery.
Read the full summary
Appeal from the Circuit Court of Cherokee. Tried before the Hon. James A. Bilbro. The proceedings in this case were had upon a motion made by the appellant for a summary judgment against the appellees, B. S. Dickson and the sureties on his official bond as sheriff, for the failure of said Dickson to indorse on an execution delivered to him the true date of its delivery. The defendants as pleas, 1st, denied every allegation of the motion ; and 2d, pleaded ‘ ‘not guilty as averred in the motion.” Upon the trial of the cause, after the introduction of the sheriff’s bond, which was executed by…
1Opinion of the CourtHead, J.
The only question for the jury, in this cause, was whether the execution was delivered to the sheriff by the witness, Savage, as he testified it was. There was no direct evidence to the contrary, but we think the circumstances testified to by the sheriff and his deputy required the case to be sent to the jury, on that issue.
There was no legal evidence that the plaintiff’s attorney ordered the execution to be returned. A letter received by another through the mail, at least, one not in *309response to a letter previously sent to the purported writer, is not admissible against the purported writer,…
2Cases cited8 opinions
- Street v. SinclairSupreme Court of Alabama · 1881
- Petty v. DillSupreme Court of Alabama · 1875
- Clark v. SpencerSupreme Court of Alabama · 1883
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Vandeventer & Co. v. FordSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McClendon v. StateSupreme Court of Alabama · 1942
- People v. . ManganaroNew York Court of Appeals · 1916
- Byars v. JamesSupreme Court of Alabama · 1922
- Holmes v. BlochSupreme Court of Alabama · 1916
- Birmingham Railway Light & Power Co. v. MartinSupreme Court of Alabama · 1906
7 more not listed; retrieve them via the Exa API.