Morgan v. Billings
Supreme Court of Alabama
Error to the Circuit Court of Barbour. THIS was a motion made in the Circuit Court of Barbour • county, by the defendant in error, against Morgan, as constable, and Mann and Ball as his sureties, upon a notice for failing to pay over, on demand, one hundred and thirty-nine dollars, ■ alleged to have been collected on four several executions, which issued from a Justice of the Peace, in favor of the defendant in error, against Samuel N. Brown and others, together with ten per…
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Error to the Circuit Court of Barbour. THIS was a motion made in the Circuit Court of Barbour • county, by the defendant in error, against Morgan, as constable, and Mann and Ball as his sureties, upon a notice for failing to pay over, on demand, one hundred and thirty-nine dollars, ■ alleged to have been collected on four several executions, which issued from a Justice of the Peace, in favor of the defendant in error, against Samuel N. Brown and others, together with ten per cent, per month on the sum so collected, from the time of the demand; and in case the motion aforesaid, is refused,…
1Opinion of the CourtOrmond, J.
Notwithstanding this is a proceeding on a highly penal statute, and the judgment is obtained on motion, we cannot perceive that there is any error in the proceedings.
Most of the objections that are raised by the assignment of errors, are cured by the verdict of the jury, or waived by taking issue on the facts of the notice.
In Hill v. The State Bank, 5 Porter, 537, we held, that when the act complained of, subjected the sheriff to different penal*174ties, at the election of the party aggrieved, he must specifically state in the notice on which he will proceed. The notice in this case, was for…
2Cases cited1 opinion
- Hill v. President of Bank of AlabamaSupreme Court of Alabama · 1837
3Cited by1 opinion
- Ellison v. MountsSupreme Court of Alabama · 1847