Bruister v. Gavin
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon. John C. Anderson. The facts of the case are sufficiently stated in the opinion. cited Lavretta v. Holcombe, 98 Ala. 508; Martin v. Hall, 70 Ala. 422; Kennedy v. Smith, 99 Ala. 83; Woolf olh v. Ingram, 53 Ala. 13; Ratliff v. Allgood, 72 Ala. 120; Gayle v. Johnson, 80 Ala. 388; Harbin v. Bell, 54 Ala. 389; Smith v. Heme-man, 118 Ala. 202; Code, §§ 544, 3133, 3770. cited Smith’s Condensed Reports, 9; Code of 1896,…
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Appeal from the Circuit Court of Choctaw. Tried before the Hon. John C. Anderson. The facts of the case are sufficiently stated in the opinion. cited Lavretta v. Holcombe, 98 Ala. 508; Martin v. Hall, 70 Ala. 422; Kennedy v. Smith, 99 Ala. 83; Woolf olh v. Ingram, 53 Ala. 13; Ratliff v. Allgood, 72 Ala. 120; Gayle v. Johnson, 80 Ala. 388; Harbin v. Bell, 54 Ala. 389; Smith v. Heme-man, 118 Ala. 202; Code, §§ 544, 3133, 3770. cited Smith’s Condensed Reports, 9; Code of 1896, § 544;- Ryan v. Gouch, 66 Ala. 244.
1Opinion of the Court
HARALSON, J.:This was a motion under the statute for a summary judgment against the defendant, Geo. I. Gavin, as sheriff of Choctaw county, and the sureties on *318his official bond, for failure to make money on an execution, which by due diligence be could have made.
Tbe bill of exceptions shows, that the suit was begun by tbe plaintiff, tbe movant here, by attachment issued by a justice of the peace, against the Choctaw Mill Company; that tbe writ was placed in tbe bands of J. M. Young, who -was at that time sheriff of tbe county, who levied tbe same on a log cart as the property of defendant in…
2Cases cited4 opinions
- Ryan v. CouchSupreme Court of Alabama · 1880
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Bondurant v. BufordSupreme Court of Alabama · 1840
- Evans v. The GovernorSupreme Court of Alabama · 1851
3Cited by3 opinions
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Carroll v. BurgrinSupreme Court of Alabama · 1909
- Higdon v. Warrant Warehouse Co.Alabama Court of Appeals · 1913