Price v. Cloud
Supreme Court of Alabama
Wuit of error to ihe County Court of Benton county. Motion by Cloud, for judgment against Price, as sheriff of Benton county, and the other defendants, as sureties upon his official bond. The notice of the motion alleges, that a Ji.fa, issued from the county court of said county, on the 26th July, 1841, in favor of Cloud, against Erasmus R. Burt and George Morgan, for $ 121 87, and $13 31 costs, returnable to the then next term of said court.
Read the full summary
Wuit of error to ihe County Court of Benton county. Motion by Cloud, for judgment against Price, as sheriff of Benton county, and the other defendants, as sureties upon his official bond. The notice of the motion alleges, that a Ji.fa, issued from the county court of said county, on the 26th July, 1841, in favor of Cloud, against Erasmus R. Burt and George Morgan, for $ 121 87, and $13 31 costs, returnable to the then next term of said court. That on the same day it was placed in Price’s hands as sheriff, to be levied and returned; and that he, after the reception of the súd. ji.fa. and…
1Opinion of the Court
GOLDTHWAITE, J„
1. It is true, that in this notice there is no averment with l-espcct to the day upon which toe money collected upon this execution was demanded from the sheriff; nor do we think its omission is such 0, defect as can be reached on demurrer. The allegation is,- “which said monies you (the sheriff) have failed to pay over on demand of the plaintiff/’ From this, in connexion with the other averments in the notice, it is evident the demand was made before the notice of the motion, and after the collection of the money, If a demand was alleged on a particular day, the precise day…
2Cases cited5 opinions
- Bibb v. ReidSupreme Court of Alabama · 1841
- Williamson v. HowellSupreme Court of Alabama · 1843
- McClure v. ColcloughSupreme Court of Alabama · 1843
- M'Cutchen's Adm'rs v. M'CutchenSupreme Court of Alabama · 1839
- Broughton v. President of the BankSupreme Court of Alabama · 1837
3Cited by6 opinions
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
- Governor v. BancroftSupreme Court of Alabama · 1849
- Fowler v. NashSupreme Court of Alabama · 1932
- Martin v. BarneySupreme Court of Alabama · 1852
- Singer Manuf'g Co. v. CoonNew York Court of Common Pleas · 1894
1 more not listed; retrieve them via the Exa API.