Pickard v. Peters
Supreme Court of Alabama
Error .to the Circuit Court of Tallapoosa. : THIS appears to have been a motion in the Court below„ to direct the coroner, (there being no sheriff) in the application of money, in. a contest between the parties to two executions which were in his hands at the time the money was made, which was not sufficient to satisfy both.
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Error .to the Circuit Court of Tallapoosa. : THIS appears to have been a motion in the Court below„ to direct the coroner, (there being no sheriff) in the application of money, in. a contest between the parties to two executions which were in his hands at the time the money was made, which was not sufficient to satisfy both. The motion, which the coroner acknowledged to have notice of, was in these words: John H. Peters, use, &c. v. M. M. Cravens, James Young, M. T. Ellis andH. C. Townes. In this case, the plaintiff moves the Court for an order on the coronor, H. J. Pickard, to pay over to…
1Opinion of the CourtOrmond, J.
If there was any assignment of error bringing to our notice the judgment of the Court against the coroner and his surities, there can be no doubt that the judgment there rendered wpuld have to be reversed, as no notice appears to haye been given to the- coroner, which would authorise a judgment against his sureties. It is, to be sure, assigned for error . that notice was given to the parties below, but it is not necessary that notice should be given to the sureties, as has been repeatedly held in this Court; if the sheriff has been duly notified that a. motion will be made against him and his…
2Cited by3 opinions
- Forbes v. DavisSupreme Court of Alabama · 1914
- Otey v. MooreSupreme Court of Alabama · 1850
- Branch Bank at Decatur v. McCollumSupreme Court of Alabama · 1852