Branch Bank at Huntsville v. Robinson
Supreme Court of Alabama
Eiutoit to the County Court of Madison. This was a motion by the plaintiff, suggesting that the defend» dant, as sheriff of Madison county, by proper diligence, could have made the money on an alias pluries writ of jierie facias, which issued in favor of the plaintiff, on a judgment of the plaintiff for one thousand and eleven dollars six cents, besides costs, against John Kinkle, R. B. Purdom and G'ortz D. Kavanaugh, which, writ came to the sheriff’s hands on the 5th…
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Eiutoit to the County Court of Madison. This was a motion by the plaintiff, suggesting that the defend» dant, as sheriff of Madison county, by proper diligence, could have made the money on an alias pluries writ of jierie facias, which issued in favor of the plaintiff, on a judgment of the plaintiff for one thousand and eleven dollars six cents, besides costs, against John Kinkle, R. B. Purdom and G'ortz D. Kavanaugh, which, writ came to the sheriff’s hands on the 5th September, 1842. The defendant having filed a plea traversing the facts of the suggestion, the jury, under the charge of the…
1Opinion of the CourtOrmond, J.
Waiving for the present, the consideration of the question, whether the proposition of Kinkle, if acceded to by the bank, would have prevented the latter from pressing its execution against the former, before a breach of the agreement, we will proceed to the enquiry whether, under'the facts disclosed by *627rthe record, there was a -valid agreement between the parties, by ■which the bank was bound to hold up the execution until the time for the delivery of the stock had arrived, and there was a failure to deliver it.
The question of the effect of agreements entered into between the creditor and…
2Cases cited1 opinion
- Fletcher v. GambleSupreme Court of Alabama · 1842
3Cited by4 opinions
- Patton v. Hayter, Johnson & Co.Supreme Court of Alabama · 1848
- Williamson v. Branch Bank at MobileSupreme Court of Alabama · 1845
- Branch Bank at Huntsville v. SteeleSupreme Court of Alabama · 1847
- Sanford v. Ogden, Ferguson & Co.Supreme Court of Alabama · 1859