Slater v. Carter
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Non. C. W. Rapier. This was a summary proceeding, by notice and motion, in favor of Samuel D. Carter, against James G. Slater, as sheriff of Choctaw county, and the sureties on his official bond, for the failure of the said sheriff' to execute a summons, in favor of said Carter, against John E. Rowe and G. W. Brewer.
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Appeal from the Circuit Court of Choctaw. Tried before the Non. C. W. Rapier. This was a summary proceeding, by notice and motion, in favor of Samuel D. Carter, against James G. Slater, as sheriff of Choctaw county, and the sureties on his official bond, for the failure of the said sheriff' to execute a summons, in favor of said Carter, against John E. Rowe and G. W. Brewer. “ On the trial of the cause,” as the bill of exceptions states, “the plaintiff introduced asa witness Eugene McCaa, his attorney, who testified, that prior to the 9th September, 1857, he received from the clerk of the…
1Opinion of the CourtA. J. Walker, C. J.
It is believed to be a practice very generally prevalent, and of long and unquestioned use in this State, tor the clerk to subscribe his name to the ordinary initial process of common-law suits, with the names of the parties, and other particulars which im dividualize the ease, in blank; and for the plaintiff’s attorney, under a verbal authority from the clerk, to fill up those blanks, and hand the writ to the sheriff. The long continuance of this practice, without controversy of its correctness, gives the sanction of the bar generally to its legality, and affords satisfactory proof of its…
2Cases cited4 opinions
- McDonnell v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Worsham v. GoarSupreme Court of Alabama · 1837
- McMahan v. ColcloughSupreme Court of Alabama · 1841
3Cited by3 opinions
- Gimon v. TerrellSupreme Court of Alabama · 1861
- Lucas v. BrownMissouri Court of Appeals · 1908
- Preston v. DunhamSupreme Court of Alabama · 1875