M'Whorter v. M'Gehee
Supreme Court of Alabama
William M‘Gehef, issued a notice, directed to John M‘Whorter, late sheriff of Jefferson county, and nil#; other persons ás his securities in office, to notify them that he would move the Circuit Court of said county at the September term, 1825, for judgement against them,* under the statute, for moneys collected by M‘Whorter on an execution in favor of the appellee against one Tarrant.
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William M‘Gehef, issued a notice, directed to John M‘Whorter, late sheriff of Jefferson county, and nil#; other persons ás his securities in office, to notify them that he would move the Circuit Court of said county at the September term, 1825, for judgement against them,* under the statute, for moneys collected by M‘Whorter on an execution in favor of the appellee against one Tarrant. The notice was executed on M'Whorter, and on Brooks, Hicks, Earle, Brittain, R. Lacy and E Lacy ; no return was made as to Goyne, but he appeared; Roy and Hutchinson, the two other securities, were returned not…
1Opinion of the Court
JUDGE SAFFOLD,
after stating the facts of the ease, as above recited, delivered the opinion of the Court as follows:
It is said that the facts agreed did not authorize the judgement. No objection appears to have been made as to the admissibility of any of the evidence, or the authority of the Court to determine any contested fact: but it is *552contended, that the facts do not establish that M‘Whorter Was sheriff at the time the instrument, purporting to be a |30ndi was executed. Independently of the evidence of e]ectjon, commission and qualification, as stated by Judge Brown, the fact of his…
2Cases cited1 opinion
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
3Cited by7 opinions
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- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Bibb v. ReidSupreme Court of Alabama · 1841
- Burnett v. NesmithSupreme Court of Alabama · 1878
- Stockton v. Mechanics & Laborers Savings BankNew Jersey Court of Chancery · 1880
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