Jones v. Calloway's Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit Court of Hale. Tbe record does not show the name of tbe presiding judge. In this case, the sheriff of the county made application to the court, by motion entered on tbe docket, at tbe April term, 1876, for instructions as to tbe appropriation of moneys in bis bands, arising from the sale of lands belonging to Mrs. Maria S. Poe, under executions against her.
Read the full summary
Appeal from tbe Circuit Court of Hale. Tbe record does not show the name of tbe presiding judge. In this case, the sheriff of the county made application to the court, by motion entered on tbe docket, at tbe April term, 1876, for instructions as to tbe appropriation of moneys in bis bands, arising from the sale of lands belonging to Mrs. Maria S. Poe, under executions against her. At the time of the sale, there was in the hands of the sheriff an exe cution in favor of Jtiadison Jones, issued on the 28th October, 1874, on a judgment which he had recovered in said court, against said Maria S.…
1Opinion of the Court
BEICKELL, 0. J.
It has long been the established practice of the courts of this State, for a sheriff, or other ministerial officer, receiving money under process in favor of different plaintiffs, each claiming priority of satisfaction, to seek the advice and direction of the court to which the process is returnable, as to its application. Notice is given to the parties, who come in, and submit their respective claims to the decision of the court. The proceeding then becomes a suit between these parties, and appeals or writs of error, at the instance of the party feeling aggrieved by the…
2Cases cited9 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Foster v. GlazenerSupreme Court of Alabama · 1855
- Houston v. StantonSupreme Court of Alabama · 1847
- Langdon v. RaifordSupreme Court of Alabama · 1852
- Henderson v. RichardsonSupreme Court of Alabama · 1843
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Waldrop v. Friedman & LovemanSupreme Court of Alabama · 1890
- City of Birmingham v. HudsonSupreme Court of Alabama · 1930
- Peacher v. StateSupreme Court of Alabama · 1878
- Garrison v. WebbSupreme Court of Alabama · 1894
- Wells v. American Mortgage Co.Supreme Court of Alabama · 1898