Logan v. Barclay
Supreme Court of Alabama
Writ of error to the Circuit Court of Coosa county. THIS suit was commenced in the Circuit Court, against James M. Logan, by motion, setting forth that he, as constable, received two executions in favor of the plaintiff, against Martin L. Daniel, on which the said Logan failed to make the money, as required by the mandate of the executions, which he might have made by the use of due diligence.
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Writ of error to the Circuit Court of Coosa county. THIS suit was commenced in the Circuit Court, against James M. Logan, by motion, setting forth that he, as constable, received two executions in favor of the plaintiff, against Martin L. Daniel, on which the said Logan failed to make the money, as required by the mandate of the executions, which he might have made by the use of due diligence. The notice of this motion is dated the 13th February, 1839, but there is nothing in the record showing any service. At the March term, 1840, the death of ilje defendant was suggested, and a sci.fa.…
1Opinion of the CourtGOLDTIiWAITE, J.
The decision of the chief question involved in this case, is somewhat important, inasmuch as it will affect the coui’se of proceeding in a large class of eases.— Motions for summary judgments, although they partake much of the character of suits, are unknown to. the- common law, and must therefore, be entirely governed by the several statutes which authorise this mode of procedure. The one which warrants the motion we are no-w considering, in addition to giving a new remedy for a common law liability, inflicts a penalty beyond it. If we were doubtful, with respect to the power of the Court to…
2Cited by5 opinions
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Robertson v. CokerSupreme Court of Alabama · 1847
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- Dumes v. McLoskySupreme Court of Alabama · 1843
- Reed v. SummersSupreme Court of Alabama · 1885