Mayo v. Stoneum
Supreme Court of Alabama
Writ of error to the Circuit Court of Conecuh. This action was'brought to recover the amount of two promissory notes, subscribed by all the defendants below. One writ issued against Mayo and Smith “ To any Sheriff” &c. Another issued against Fleming in the same form. Both writs were returned executed, but by sheriffs, bearing different names. On the margin of the record, opposite the latter, are written the words “ Branch writ.”
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Writ of error to the Circuit Court of Conecuh. This action was'brought to recover the amount of two promissory notes, subscribed by all the defendants below. One writ issued against Mayo and Smith “ To any Sheriff” &c. Another issued against Fleming in the same form. Both writs were returned executed, but by sheriffs, bearing different names. On the margin of the record, opposite the latter, are written the words “ Branch writ.” The declaration is against all the defendants; and a judgment by default is rendered accordingly. It is assigned for error. 1. That the individual who pres i-ded at…
1Opinion of the CourtCollier, C. J.
1. In respect to the first assignment, it is entirely unimportant whether it be well taken in point of fact; for it is-now too well settled, that the acts of a Judge de facto, whose title to the office has not been adjudged insufficient, are valid and irreversible, to allow of serious controversy.
*391• 2. Supposing that the two writs, which were issued, were executed in different counties, in which the parties against whom they issued, respectively resided, and we think it clear, that the proceeding was irregular under the act, which authorizes the issuance of writs in such cases. The statute…
2Cited by16 opinions
- Faucette v. GerlachSupreme Court of Arkansas · 1918
- Smurr v. StateIndiana Supreme Court · 1886
- Gildemeister v. LindsayMichigan Supreme Court · 1920
- Lockhart v. City of TroySupreme Court of Alabama · 1872
- Masterson v. MatthewsSupreme Court of Alabama · 1877
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