Timberlake v. Brewer
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. On the 20th day of December, 1875, Robert T. Smith, Auditor of the State of Alabama, issued the following notice, viz : “The State of Alabama, Auditor’s office, Montgomery, December 20, 1875. To James C. S. Timberlake, tax-collector of Dallas county, in said State, for the year 1870, and Charles F. Seivers, Albert H. Ross, Daniel P. Gunnells, James F. Timberlake and L. G. Weaver, his…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. On the 20th day of December, 1875, Robert T. Smith, Auditor of the State of Alabama, issued the following notice, viz : “The State of Alabama, Auditor’s office, Montgomery, December 20, 1875. To James C. S. Timberlake, tax-collector of Dallas county, in said State, for the year 1870, and Charles F. Seivers, Albert H. Ross, Daniel P. Gunnells, James F. Timberlake and L. G. Weaver, his securities : Whereas, the said James C. S. Timberlake, tax-collector of Dallas county and State aforesaid, having failed to pay…
1Opinion of the Court
BRICKELL, C. J. —
This is a summary proceeding, under sections 3059-61 of the Revised Code, against a tax-collector,, and the sureties on his official bond, for a failure to pay into the State treasury the amount of State tax collected by the collector in 1870. In proceedings of this character, it is the settled practice to regard the notice of the motion for judgment as serving the double purpose of process and pleading. While as pleading it will be insufficient, unless it shows distinctly every fact on which the plaintiff’s right of agtion, and the liability of the defendant depends, the…
2Cases cited5 opinions
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Lyon v. State BankSupreme Court of Alabama · 1828
- Thompson v. StickneySupreme Court of Alabama · 1844
- Snelgrove v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Colgin v. State BankSupreme Court of Alabama · 1847
3Cited by8 opinions
- Almon v. Morgan CountySupreme Court of Alabama · 1944
- Bush v. BumgardnerSupreme Court of Alabama · 1925
- State v. McBrideSupreme Court of Alabama · 1884
- Lawrence v. StoneSupreme Court of Alabama · 1909
- Walling v. Morgan CountySupreme Court of Alabama · 1899
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