Couch v. Atkinson
Supreme Court of Alabama
[MOTION AGAINST CONSTABLE FOB FAILURE TO MAKE MONET ON EXECUTION.] Appeal from tbe Circuit Court of Lowndes. Tried before tbe Hon. E. W. Pettus. This was a motion for a summary judgment against 'William Atkinson and tbe sureties on bis official bond as constable, for bis failure to make tbe money on an execution wben by due diligence be might bave made it, and was commenced in a justice’s court.
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[MOTION AGAINST CONSTABLE FOB FAILURE TO MAKE MONET ON EXECUTION.] Appeal from tbe Circuit Court of Lowndes. Tried before tbe Hon. E. W. Pettus. This was a motion for a summary judgment against 'William Atkinson and tbe sureties on bis official bond as constable, for bis failure to make tbe money on an execution wben by due diligence be might bave made it, and was commenced in a justice’s court. In tbe summons issued by tbe justice, and all tbe subsequent proceedings before him, the plaintiffs in tbe motion were styled Wm. H. Couch & Co.; but tbe names of tbe partners composing tbe firm were…
1Opinion of the CourtRice, C. J.
Before the Code, the law required that the proceedings in a suit, commenced in a court of record, should set forth the names of the parties, plaintiff and defendant, with such certainty as to enable the court to determine in whose favor and against whom to render judgment. Because that requisition was nqt complied with, a proceeding by garnishment,, commenced in the circuit court, against “ the firm of James Reid & Co.,” which did not anywhere disclose the names of the partners composing the firm, was, on error, held' defective and quashed by this court. — James Reid & Co. v. McLeod, 20 Ala.…
2Cases cited6 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Gibson v. LandSupreme Court of Alabama · 1855
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Chapman v. SpenceSupreme Court of Alabama · 1853
- Samples v. WalkerSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- South & North Alabama Railroad v. SmallSupreme Court of Alabama · 1881
- Gould v. MeyerSupreme Court of Alabama · 1860
- Planters & Merchants Bank v. Laucheimer & SonsSupreme Court of Alabama · 1893
- Simmons v. SharpeSupreme Court of Alabama · 1906
- Paulhaus & Paul v. LeberSupreme Court of Alabama · 1875