Williamson v. Branch Bank at Montgomery
Supreme Court of Alabama
. Error to the County, Court of Montgomery. , . . THIS was a judgment rendered on motion against the plaintiffs in error, as the sureties of J. M. Hill, sheriff-of Wilcox county. -, The judgment entry recites, that on the 3d November, 1841, the Bank, by its-uttojney, moved the Court-for judgment against the plaintiffs in error as sureties for-J. M. Hill, late sheriff, &c. for his failure to .pay over the amount of an -execution .whieh is particularly described; and it…
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. Error to the County, Court of Montgomery. , . . THIS was a judgment rendered on motion against the plaintiffs in error, as the sureties of J. M. Hill, sheriff-of Wilcox county. -, The judgment entry recites, that on the 3d November, 1841, the Bank, by its-uttojney, moved the Court-for judgment against the plaintiffs in error as sureties for-J. M. Hill, late sheriff, &c. for his failure to .pay over the amount of an -execution .whieh is particularly described; and it appearing to the satisfaction of the ..Court, that the defendants have had one:day?s notice of this motion, thereupon came a…
1Opinion of the CourtOrmond, J.
It has been repeatedly held, that in cases of this summary character, the notice is no part of the voebrd, unless made so, by reference to it in the judgment of the Court, or embodied iii the record by bill of exceptions. The notice, when produced to the Court, is evidence merely, and all that is necessary, is that the judgmént should'shbw that such evidence was produced. That this is the law’, is conclusively shewn, by the'cases’'cited’by the defendants counsel. This is a sufficient answer to all the assignments of error which question the sufficiency of the notice.
It is however objected,…
2Cases cited1 opinion
- Orr v. DuvallSupreme Court of Alabama · 1840
3Cited by5 opinions
- Sparks v. StateSupreme Court of Alabama · 1877
- Blount v. StateSupreme Court of Alabama · 1873
- Morgan v. StateSupreme Court of Alabama · 1872
- Ex parte WilsonSupreme Court of Alabama · 1875
- Evans v. Bank of the StateSupreme Court of Alabama · 1848