Lienkauff & Strauss v. Tuskaloosa Sale & Advancing Co.
Supreme Court of Alabama
Appeal from Circuit Court of Tuskaloosa. Tried before Hon. S. H. Sprott. The proceedings in this case arose out of an attachment suit brought by the appellants, Lienkauff & Strauss and Katz & Barnett, against the appellee, The Tuskaloosa Sale & Advancing Company.
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Appeal from Circuit Court of Tuskaloosa. Tried before Hon. S. H. Sprott. The proceedings in this case arose out of an attachment suit brought by the appellants, Lienkauff & Strauss and Katz & Barnett, against the appellee, The Tuskaloosa Sale & Advancing Company. The appeal in this casé is. prosecuted by the plaintiffs in the lower court, who assign as error the refusal of the court to render a summary judgment against the sheriff, for failing to make the money on the judgment recovered by them.
1Opinion of the CourtHaralson, J.
In the transcript filed in this cause; a judgment does not appear to have been rendered by the court on the motion for a rule against the sheriff and his sureties.
Everything in the transcript, having any relevancy to this proceeding, appears to have been entered on and taken from the motion docket of the court, which docket, as we have before now held, is not part of. the record proper of the Circuit Court, and proceedings shown by it, can only become so, by being enrolled as' a matter of record, or by bill of exceptions. David v. David, 66 Ala. 140; James v. Moseley, 47 Ala. 299; Waring v.…
2Cases cited2 opinions
- Waring & Co. v. Gilbert & Bro.Supreme Court of Alabama · 1854
- James v. MoseleySupreme Court of Alabama · 1872
3Cited by5 opinions
- Ex parte Highland Avenue & Belt RailroadSupreme Court of Alabama · 1894
- Ewing v. WoffordSupreme Court of Alabama · 1898
- Irby v. KaiglerAlabama Court of Appeals · 1912
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1893
- O'Brien v. BrewerAlabama Court of Appeals · 1911