Legal Opinion

May v. Lewis

Supreme Court of Alabama

Decided June 15, 1867Published

Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. John Henderson. The appellee in this case, who was the sheriff of Tuskaloosa county, made application to said circuit court, at its October term, 1866, by motion, for instructions as to the appropriation of money under sundry executions in his hands against John W. Prewitt.

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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. John Henderson. The appellee in this case, who was the sheriff of Tuskaloosa county, made application to said circuit court, at its October term, 1866, by motion, for instructions as to the appropriation of money under sundry executions in his hands against John W. Prewitt. The executions were thus described in the motion: “One in favor of W. Moody, No. 9,583, on judgment of September 24,1861, for $458.96, and costs; one in favor of W. K. Hargrove, No. 9,477, on judgment of September 24, 1861, for $3,341.65, and costs; one in…

1Opinion of the CourtByrd, J.

The bill of exceptions recites, that, “ under the facts stated within, the court held and ordered, that all the money be appropriated to the execution in favor of Hargrove”; to which the appellants excepted. This bill is defective, in not showing, affirmatively, that all the evidence introduced on the hearing of the motion is set out; a defect of very frequent occurrence. This court has often held, that it will not revise the decision of the court below, upon the evidence, unless the record shows that it is all set out in the bill of exceptions.

The assertion that, “under the facts stated…

2Cases cited6 opinions

  1. Bradley v. AndressSupreme Court of Alabama · 1857
  2. Southern Mutual Ins. v. Holcombe's AdministratorSupreme Court of Alabama · 1859
  3. Guilford v. HicksSupreme Court of Alabama · 1860
  4. Ward v. Cameron's Adm'rsSupreme Court of Alabama · 1861
  5. Fickling v. BrewerSupreme Court of Alabama · 1863

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