Neale v. Caldwell
Supreme Court of Alabama
John M. Caldwell made a motion in the Circuit Court of Madison county against JohnP. Neale as Sheriff of said county and his securities, for judgment against them for failing to return an execution in favor of the plaintiff, which bad been delivered to him.
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John M. Caldwell made a motion in the Circuit Court of Madison county against JohnP. Neale as Sheriff of said county and his securities, for judgment against them for failing to return an execution in favor of the plaintiff, which bad been delivered to him. The notice was directed to Neale the Sheriff, and to John K. B. Eld-ridge, John W. Tilford, Hardeman F. Jones, Mathias Munn and John F. Newman, his surviving securities, was made returnable to November term 1828, and was served on all the defendants except Tilford and Munn. On the 22d of November, this entry was made on the minutes, “came…
1Opinion of the Court
By JUDGE TAYLOR.
Although many errors ore assigned in.this cause, I consider the case as involving the decision of but four questions, viz:
1st. Upon the service of notice upon a Sheriff and part of his securities of the intention of the plaintiff to move for judgment against them because the Sheriff' has failed to make due return of an execution, can judgment be rendered against all the securities?
2nd. Were the facts in this case sufficient to authorize a judgment in favor of the plaintiff?
3rd. Can a Circuit Court, during the term, reconsider one of its decisions, and correct an error of…
2Cases cited1 opinion
- M'Whorter v. MarrsSupreme Court of Alabama · 1827
3Cited by11 opinions
- Carwile v. StateSupreme Court of Alabama · 1905
- Schaeffer v. WalkerSupreme Court of Alabama · 1941
- First Nat. Bank of Birmingham v. GarrisonSupreme Court of Alabama · 1938
- National Surety Co. v. First Nat. Bank of OpelikaSupreme Court of Alabama · 1932
- McCord v. RumseyAlabama Court of Appeals · 1922
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