Davidson v. Wiley, Banks & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Wm. S. Mudd. This was a motion for a summary judgment, under section 2619 of the Code, against the appellant and his sureties on his official bond as clerk of the circuit court of Jackson county, for his failure to issue an execution, within the time prescribed by law, on a judgment which the plaintiffs bad obtained, at the March term, 1855, of said court, against J. M. & W. J. Greene.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. Wm. S. Mudd. This was a motion for a summary judgment, under section 2619 of the Code, against the appellant and his sureties on his official bond as clerk of the circuit court of Jackson county, for his failure to issue an execution, within the time prescribed by law, on a judgment which the plaintiffs bad obtained, at the March term, 1855, of said court, against J. M. & W. J. Greene. The term of the court at which said judgment was rendered, commenced on the 19th March, and closed on the 29th day of the same month, which was…
1Opinion of the CourtStone, J.
— There is but a single question presented by this record: Did the order of the presiding judge, made and entered on the minutes at the March term, 1855, relieve the clerk from the duty of issuing execution in *455this case, as required by sections 2423 and 2424 of the Code?
The language of the Code (§ 2423) is, “ The clerk must issue executions on all judgments, in favor of the successful party, as soon after the adjournment of the court as practicable, within the time prescribed by this Code, unless otherwise directed.” The time prescribed for cases “ where the court continues more than one, and…
2Cases cited4 opinions
- Grinder v. NelsonCourt of Appeals of Maryland · 1850
- Foster v. GlazenerSupreme Court of Alabama · 1855
- Cable v. CooperNew York Supreme Court · 1818
- Chadwick v. MooreSupreme Court of Pennsylvania · 1844
3Cited by9 opinions
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Henderson v. Planters & M. BankSupreme Court of Alabama · 1912
- Hudson Trust Co. v. ElliottSupreme Court of Alabama · 1915
- North Birmingham Trust & Savings Bank v. HearnSupreme Court of Alabama · 1924
- Headley v. BallSupreme Court of Alabama · 1969
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