Macdonald v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. A. D. Sayre. The proceedings in this case were had by the State of Alabama against the appellant, Gordon Macdonald, for the purpose of obtaining a. summary judgment against him.
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Appeal from the City Court of Montgomery. Heard before the Hon. A. D. Sayre. The proceedings in this case were had by the State of Alabama against the appellant, Gordon Macdonald, for the purpose of obtaining a. summary judgment against him. The^e proceedings were commenced by the State through the Solicitor of Montgomery County and the Attorney General serving upon the said Macdonald notice that they would, during the then pending term ,of the City Court of Montgomery, make a motion for a summary judgment against him for the sum of $7,7E0, and in this notice it was recited that the ground,…
1Opinion of the CourtMcCLELLAN, C. J.
Motion in city court of Montgomery by the State of Alabama against McDonald for summary judgment, under §§ 3763-7, 3810-11 of the Code, for failing to pay over money collected by the respondent as an attorney at law for the State. Assuming the residence of McDonald in the county of Montgomery, the city court of Montgomery had jurisdiction to entertain and render judgment upon said motion. It is true, of course, that the proceeding is, in limine at least, purely statutory and must be instituted in accordance with statutory provisions, and it is also true that section 3767 of the Code provides…
2Cases cited7 opinions
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Rutherford's Adm'r v. SmithSupreme Court of Alabama · 1855
- King v. ArmstrongSupreme Court of Alabama · 1848
- Ratliff v. AllgoodSupreme Court of Alabama · 1882
- Shouse v. LawrenceSupreme Court of Alabama · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- White v. WardSupreme Court of Alabama · 1908
- Berk v. State Ex Rel. ThompsonSupreme Court of Alabama · 1932
- Bush v. BumgardnerSupreme Court of Alabama · 1925
- Peters v. StateSupreme Court of Alabama · 1915