Broughton v. Branch Bank
Supreme Court of Alabama
Error to the Circuit Court of Mobile.' Tried before the Hon. John Bragg, 1. The third section of the act of 1848, Pamph. p. 95., repeals the act of 1819, under which this motion is made, and the case stands as if there had been no penalty for the default at the time it was committed. — 1 Stew. 347, 506; 8 Por. 434; 9 N. Hamp. 59; 3 J. J. Marsh. 594; 1 Hill 324; 5 Pick. 168; Dwarris on Statutes 693. If the statute was repealed, then, the motion was at an end. — Pope v. Lewis,…
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Error to the Circuit Court of Mobile.' Tried before the Hon. John Bragg, 1. The third section of the act of 1848, Pamph. p. 95., repeals the act of 1819, under which this motion is made, and the case stands as if there had been no penalty for the default at the time it was committed. — 1 Stew. 347, 506; 8 Por. 434; 9 N. Hamp. 59; 3 J. J. Marsh. 594; 1 Hill 324; 5 Pick. 168; Dwarris on Statutes 693. If the statute was repealed, then, the motion was at an end. — Pope v. Lewis, 4 Ala. 487. The plaintiff below cannot recover the original penalty because the statute is repealed, and he cannot…
1Opinion of the CourtDargan, C. J.
This was a motion against Broughton, as sheriff of Monroe, and his securities, made under the act of 1819, to recover the amount of an execution, issued from the Circuit Court of Mobile, in favor of the Bank, against Samuel Bussey and others, which, it is alleged, the Sheriff failed to return within the time prescribed by law. An issue of fact was made up and submitted to a jury, who returned a verdict in favor of the plaintiff, upon which the court rendered judgment against the defendants for the amount of the execution and in*829terest thereon. There are several assignments of error, but we…
2Cases cited2 opinions
- Pope v. LewisSupreme Court of Alabama · 1842
- State v. President of the Tombeckbee BankSupreme Court of Alabama · 1828
3Cited by7 opinions
- City of Birmingham v. BarancoAlabama Court of Appeals · 1912
- Luke v. Calhoun CountySupreme Court of Alabama · 1876
- City of Mobile v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1948
- United Companies Lending Corp. v. AutreySupreme Court of Alabama · 1998
- George v. StateSupreme Court of Alabama · 1866
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