Walker v. Hunter
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. Jno. .Gill Shorter. At the September term, 1858, of the circuit court of Chambers, the appellant made a motion for a summaLy judgment against William H. Hunter, the sheriff of said county, and the sureties on his official bond, for the failure of said sheriff to.make the money on an execution, which was thus described in the motion'; “A writ of fieri facias, issued from the office of the-clerk oí the circuit…
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Appeal from the Circuit Court of Chambers. Tried before the Hon. Jno. .Gill Shorter. At the September term, 1858, of the circuit court of Chambers, the appellant made a motion for a summaLy judgment against William H. Hunter, the sheriff of said county, and the sureties on his official bond, for the failure of said sheriff to.make the money on an execution, which was thus described in the motion'; “A writ of fieri facias, issued from the office of the-clerk oí the circuit court of Chambers county, on the 14th day of April, 1858, in favor of Maria Walker, executrix of John H. Walker, deceased,…
1Opinion of the CourtR. W. Walker, J.
The appellant moved against the sheriff and his sureties, for the failure of the former to make the money on an execution which is described in the motion. In support of the allegations of her motion, the appellant introduced in evidence the execution which is set out in the record; and she will not now be heard to say that it does not correspond with her own description of it. The execution is described in the motion as having been issued from the office of the clerk of the circuit court of Chambers county, on 14th April, 1858, “in favor of Maria Walker, executrix of John H. Walker,…
2Cases cited5 opinions
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- Wiswell v. MunroeSupreme Court of Alabama · 1842
- Campbell v. MaySupreme Court of Alabama · 1858
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- Nowlin v. McCalleySupreme Court of Alabama · 1858