Allums v. Hawley
Supreme Court of Alabama
Writ of Error to the County Court of Dale. Motion by Hawley against Allums, as sheriff of Dale county, and certain persons as his securities in office, for failing to return a writ of fi. fa. issued from the County Court of Dale county, in favor of Hawley, against certain persons named in the motion.
Read the full summary
Writ of Error to the County Court of Dale. Motion by Hawley against Allums, as sheriff of Dale county, and certain persons as his securities in office, for failing to return a writ of fi. fa. issued from the County Court of Dale county, in favor of Hawley, against certain persons named in the motion. The notice of the motion is found in the transcript sent to this Court, directed to Allums, as sheriff, and the other persons as his sureties, and upon it appears indorsed: “ Rec’d in office 28th July, 1844. Bertis Byrd, coroner. Executed 2d August, 1844. Bertis Byrd, coroner.” At the term of the…
1Opinion of the CourtGoldthwaite, J.
The general rule as to summary judgments is, that every fact necessary to sustain the particular jurisdiction exercised, shall appear by affirmative recitals upon the record. [Lyon v. The State Bank, 1 Stewart, 442; Curry *586v. Bank of Mobile, 8 Porter, 360.] An exception has been established whenever the judgment entry refers to the notice, or other necessary preliminary proceedings, found in the record ; in which event the notice, or other proceeding, will be considered as having been acted on by the Court, and made a part of its judgment. [Bondurant v. Woods, 1 Ala. Rep. N. S. 543; White v.…
2Cases cited3 opinions
- Lyon v. State BankSupreme Court of Alabama · 1828
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Brown v. WheelerSupreme Court of Alabama · 1842
3Cited by2 opinions
- Enloe v. ReikeSupreme Court of Alabama · 1876
- Evans v. Bank of the StateSupreme Court of Alabama · 1848