Parks v. Bryant
Supreme Court of Alabama
Appeal from City Court of Montgomery, in Equity. Heard before Hon. A. D. Sayre. This was an action by C. F. Bryant and others against W. H. Parks, register in chancery for the city court of Montgomery, and the surety on his official bond, for a summary judgment for failure to m.y over moneys collected by him on the sale of property under decrees of the court.
Read the full summary
Appeal from City Court of Montgomery, in Equity. Heard before Hon. A. D. Sayre. This was an action by C. F. Bryant and others against W. H. Parks, register in chancery for the city court of Montgomery, and the surety on his official bond, for a summary judgment for failure to m.y over moneys collected by him on the sale of property under decrees of the court. The motion was granted, and the defendants appeal. filed an elaborate printed brief arguing tliat tbe judgment granting tbe motion was erroneous for various reasons. Upon tbe question of tbe jurisdiction of tbe city court, sitting in…
1Opinion of the CourtSharpe, J.
— This appeal is from a judgment of tbe city court sitting in equity rendered on a motion made against tbe register in chancery who is ex officio register in tbe chancery side of tbe city court, and tbe surety on his official bond, for an alleged default on the part of the register in failing to pay over proceeds of property sold by decrees of that court and received by tbe present register in part from bis predecessor in office and in part pursuant to a sale made by himself.
Authority for enforcing tbe obligation of a register’s bond by a summary motion is found alone in chapter 106 of the…
2Cases cited3 opinions
- Chandler v. Francis Vandegrift Shoe Co.Supreme Court of Alabama · 1891
- Leinkauff & Strauss v. Tuskaloosa Sale & Advancing Co.Supreme Court of Alabama · 1894
- Thompson v. AcreeSupreme Court of Alabama · 1881
3Cited by4 opinions
- People Ex Rel. Attorney General v. YarowskyMichigan Supreme Court · 1926
- North Birmingham Trust & Savings Bank v. HearnSupreme Court of Alabama · 1924
- Redwine v. StateAlabama Court of Appeals · 1952
- Redwine v. StateAlabama Court of Appeals · 1952