Bondurant v. Woods
Supreme Court of Alabama
THE record in this case discloses a notice addressed by the defendants in error, through their attorney, to James M. Bondurant, late sheriff of Marengo, and eight others as securities in his official bond. The notice describes an execution issued from the circuit court of Marengo, on a judgment obtained by the defendants against John McRae, for twenty-three hundred and thirty-seven and ninety-four one hundredths dollars.
Read the full summary
THE record in this case discloses a notice addressed by the defendants in error, through their attorney, to James M. Bondurant, late sheriff of Marengo, and eight others as securities in his official bond. The notice describes an execution issued from the circuit court of Marengo, on a judgment obtained by the defendants against John McRae, for twenty-three hundred and thirty-seven and ninety-four one hundredths dollars. The execution was issued on the 14th of April, 183S, and was received by Bondurant as sheriff, on the 18th of the same month, and required him to make the amount of the…
1Opinion of the CourtCollier, C. J.
— The plaintiffs insist that the judgment of the circuit court, is erroneous and assign the following.causes:
1st. Because it failed to dispose of the demurrer to the notice and to sustain the same,
2d. The judgment is rendered upon the allegations contained in the notice, without specifying the particular default for which the plaintiffs in error were charged, though the notice contained two distinct grounds.
3d. Neither the notice nor the facts and proofs disclosed by the record, nor both, authorized the judgment of the circuit court; it not appearing, either that the defendants (below) had…
2Cases cited2 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- M'Whorter v. MarrsSupreme Court of Alabama · 1827
3Cited by4 opinions
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Harris v. BradfordSupreme Court of Alabama · 1842
- James v. MoseleySupreme Court of Alabama · 1872
- Beard v. Branch Bank at MobileSupreme Court of Alabama · 1845