Governor v. Gantt
Supreme Court of Alabama
An action of debt was brought in September, 1826, in the name of John Murphy, Governor of the State, against T. C. H. Gantt, John May, Pleasant May and James May, in the Circuit Court of Greene county, on a sheriff’s bond made by Gantt as principal, and the other defendants as his securities in office; to recover the amount of the estate of Anthony Parks, deceased, which it was said Gantt had received and failed to pay over according to law.
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An action of debt was brought in September, 1826, in the name of John Murphy, Governor of the State, against T. C. H. Gantt, John May, Pleasant May and James May, in the Circuit Court of Greene county, on a sheriff’s bond made by Gantt as principal, and the other defendants as his securities in office; to recover the amount of the estate of Anthony Parks, deceased, which it was said Gantt had received and failed to pay over according to law. The plaintiff declared against the securities in two counts, discontinuing the action as to Gantt, who was returned “not found.” The first count was on…
1Opinion of the Court
J UDGE TAYLOR
delivered the opinion of the Court.
By the seventeenth section of an act passed 14th of June, i 821, entitled “an act to repeal in part and amend an act entitled an act to regulate the proceedings in the courts of law and equity in this State,” it is provided, “that where no one shall have been admitted and qualified as executor, executrix, administrator, or administratrix, within three months after the death of the deceased, or where the ex-ecutorship or administration shall have become vacant by death, resignation or removal, the Judge having jurisdiction of the case, may commit…
2Cited by4 opinions
- Morrow v. WoodSupreme Court of Alabama · 1876
- Governor v. DavisSupreme Court of Alabama · 1846
- National Surety Co. v. MorganAlabama Court of Appeals · 1923
- Payne v. ThompsonSupreme Court of Alabama · 1872