Lovins v. Humphries
Supreme Court of Alabama
Motion for Summary Judgment against Sheriff for Failing to pay over Money Collected on Elections. Appeal from Etowah Circuit Court. Tried before Hon. W. L. Whitlock. There was a motion entered on November 3, 1879, in tbe Circuit Court of Etowah county, by Amanda Humphries, S. L. Glass, Mary P., S. L., A. J., and Wm.
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Motion for Summary Judgment against Sheriff for Failing to pay over Money Collected on Elections. Appeal from Etowah Circuit Court. Tried before Hon. W. L. Whitlock. There was a motion entered on November 3, 1879, in tbe Circuit Court of Etowah county, by Amanda Humphries, S. L. Glass, Mary P., S. L., A. J., and Wm. G. Heald, against W. H. Lovins and the sureties on bis official bond, as late sheriff of Etowah county, for a summary judgment, for failing to pay over tbe sum of nine hundred dollars alleged to have been collected by him on an execution, issued in favor of the. movants against E.…
1Opinion of the CourtBbickell, C. J.
— The motion entered against the appellant at the Fall term, 1879, of the Circuit Court, must be regarded as having been abandoned and discontinued. No notice of it was given, nor was any action whatever, so far as it appears from the record, taken at that term. The term of office of the sheriff having expired, the entry of the motion on the motion docket did not operate as notice. — Code of 1876, § 3353; Armstrong v. Robertson, 2 Ala. 164.
The second motion was founded on the default of the sheriff in failing to pay over money collected on an execution issuing in favor of John T. Humphries…
2Cases cited4 opinions
- Smith v. HarrisonSupreme Court of Alabama · 1859
- Armstrong v. RobertsonSupreme Court of Alabama · 1841
- Keith v. EstillSupreme Court of Alabama · 1839
- Bunnell v. MageeSupreme Court of Alabama · 1846
3Cited by3 opinions
- Standard v. ThurmondCourt of Appeals of Texas · 1912
- Moorer v. MoorerSupreme Court of Alabama · 1888
- Blackman v. JoinerSupreme Court of Alabama · 1886