Marks & Gayle v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court' of Lowndes. Tried before the Hon. J. C. Richardson. In August, 1897, Marks & Gayle, a partnership, recovered a judgment against one G. T. Wood in the circuit court of Lowndes county. Upon this judgment an execution was issued on September 10, and was returned “no property found.” In April, 1899, an alias execution was issued upon said judgment and in August, 1899, it was returned “no property found.”
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Appeal from the Circuit Court' of Lowndes. Tried before the Hon. J. C. Richardson. In August, 1897, Marks & Gayle, a partnership, recovered a judgment against one G. T. Wood in the circuit court of Lowndes county. Upon this judgment an execution was issued on September 10, and was returned “no property found.” In April, 1899, an alias execution was issued upon said judgment and in August, 1899, it was returned “no property found.” On October 30, 1899, a, pluries execution xvas issued upon said judgment. This execution was levied upon ceiffain personal property on November 1, 1899. On November…
1Opinion of the CourtMoCLELLAN, C. J.
Section 1364 of the Code provides that clerks of courts and sheriffs must keep fee books, and that each such officer “must eater therein, in the form of a regular account opened for that purpose, every fee charged by him for every distinct service rendered by him.” Section 1365 provides that “no clerk, register or sheriff shall demand or receive a fee for any service by him performed not justified by a charge entered in his fee book.” And section 1883 is as follows: “At the foot, or on some part of the execution, the clerk must state, in intelligible words and figures, the several items…
2Cited by1 opinion
- Stephens v. HeadSupreme Court of Alabama · 1903