State v. McBride
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed, on the 26th August, 1881, in the name of the State of Alabama, against J. K. McBride, tax-collector of Lawrence county during the years 1875, 1876 and 1877 ; and against the sureties on his official bond as such'collector, and several other persons who held or claimed property which, as the bill alleged, was liable for the default charged against said McBride ;…
Read the full summary
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed, on the 26th August, 1881, in the name of the State of Alabama, against J. K. McBride, tax-collector of Lawrence county during the years 1875, 1876 and 1877 ; and against the sureties on his official bond as such'collector, and several other persons who held or claimed property which, as the bill alleged, was liable for the default charged against said McBride ; and it sought a discovery from the several defendants as to those diflArent pieces of property, an account against the…
1Opinion of the CourtSomerytlle, J.
— -The chancellor erred, we think, in holding the judgment recovered in the Circuit Court of Mont*57gomery county, against McBride and the sureties on his official bond as tax-collector, to be a void judicial proceeding. The case of Carmichael v. Hays, 66 Ala. 543, is authority, it is true, for the proposition, that sections 3059-3060 of the Revised Code of 1867, under which this summary judgment was recovered, are no longer a part of the general code of law's of the State; the omission .to incorporate them in the Code of 1876, at the time of its adoption, operating to repeal them. The case of…
2Cases cited10 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Barker v. ClevelandMichigan Supreme Court · 1869
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
- State v. LottSupreme Court of Alabama · 1881
- Mooney v. WalterSupreme Court of Alabama · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Almon v. Morgan CountySupreme Court of Alabama · 1944
- State v. MarshallMississippi Supreme Court · 1911
- Kilpatrick v. HensonSupreme Court of Alabama · 1886
- Keystone Lumber Yard v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1909
- State ex rel. Pincock v. FranklinUtah Supreme Court · 1924
4 more not listed; retrieve them via the Exa API.