Giddens v. Crenshaw County
Supreme Court of Alabama
Appeal from the Chancery Court of Crenshaw. Heard before the Hon. John A. Foster. The bill in this case was filed on the 14th June, 1882, by James T. Giddens, against the county of Crenshaw and tbesheriff of said county ; and sought an injunction against a judgment which bad been rendered by the Circuit Court of said county, on the 17th March, 1882, against said Giddens and one B. B. Ingram, as sureties for one Joseph Mastín, for the fine and costs imposed on him in a…
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Appeal from the Chancery Court of Crenshaw. Heard before the Hon. John A. Foster. The bill in this case was filed on the 14th June, 1882, by James T. Giddens, against the county of Crenshaw and tbesheriff of said county ; and sought an injunction against a judgment which bad been rendered by the Circuit Court of said county, on the 17th March, 1882, against said Giddens and one B. B. Ingram, as sureties for one Joseph Mastín, for the fine and costs imposed on him in a criminal prosecution. Tbe judgment was in regular form, and purported to be rendered by confession in open court; but tbe…
1Opinion of the CourtStone, J.
— It may admit of question if the paper, relied on as a power of attorney in this cause, is sufficiently explicit to uphold the confessed judgment, which this bill seeks to vacate. It is addressed, not to. the person who confessed the judgment, but to Cook, the sheriff. Its whole contents are, “I propose to go on Joseph Mastin’s security for costs and fine, in case he is convicted, jointly with B. R. Ingram. March 16th, 1882signed, “ Jas. T. G-iddens J On tíre next day — March 17th, 1882 — defendant, Joseph Mastín, was tried and convicted, and judgment for fine and costs was entered as…
2Cases cited6 opinions
- Manufacturers' & Mechanics' Bank of the Northern Liberties of the County of Philadelphia v. BoydNew York Supreme Court · 1846
- Elliott v. Holbrook, Carter & Co.Supreme Court of Alabama · 1859
- Hodges v. Ashurst & SonsSupreme Court of Alabama · 1841
- Bissell v. Carville & Co.Supreme Court of Alabama · 1844
- Ryan v. DoyleSupreme Court of Iowa · 1870
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