Legal Opinion

M'Whorter v. Marrs

Supreme Court of Alabama

Decided January 15, 1827PublishedCited by 7 opinions

The original judgement of the Circuit Court, having been reversed in December, 1824, a and the cause remanded, the Circuit Court at October term, 1825, rendered judgement for the defendant, against plaintiffs in error.

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The original judgement of the Circuit Court, having been reversed in December, 1824, a and the cause remanded, the Circuit Court at October term, 1825, rendered judgement for the defendant, against plaintiffs in error. The record states that, it appearing to the satisfaction of the Court, that at the September term, 1822, of said Court, John A. Marrs recovered a judgement against James L. Baird, for two hundred dollars debt, twenty-four dollars forty-four cents damages, for its detention, and sixteen dollars twelve and a half cents for his costs ; that on the second day of May, 1823, said…

1Opinion of the Court

JUDGE TAYLOR

delivered the opinion of the Court.

The second assignment was disposed of by express adjudication on the first writ of error in this case, and as to the first assignment, this Court would,not have remanded the cause, if it had not been considered that the Court below should again proceed in it.

As to the third, fourth, fifth and sixth assignments, the record states that it appeared to the satisfaction of the Court, that ¡VP Whorter was sheriff; that he received the execution; that it was not returned, and that the other defendants were his securities ‘for the due and faithful…

2Cited by7 opinions

  1. Neale v. CaldwellSupreme Court of Alabama · 1830
  2. Hill v. President of Bank of AlabamaSupreme Court of Alabama · 1837
  3. Bondurant v. WoodsSupreme Court of Alabama · 1840
  4. Garey v. EdwardsSupreme Court of Alabama · 1848
  5. Crawford v. ChandlerSupreme Court of Alabama · 1843

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