Legal Opinion

Reid v. Planters' & Merchants' Bank of Mobile

Supreme Court of Alabama

Decided January 15, 1842PublishedCited by 3 opinions

Writ of error to the Circuit Court of Mobile. IN the record we find a notice in which is described a writ of fieri fiadas, at the suit of the defendant in error, against James Walsh and William C. Baldwin, issued on a judgment rendered by the Circuit Court of Mobile.

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Writ of error to the Circuit Court of Mobile. IN the record we find a notice in which is described a writ of fieri fiadas, at the suit of the defendant in error, against James Walsh and William C. Baldwin, issued on a judgment rendered by the Circuit Court of Mobile. This execution it is alleged, issued on the 10th June, 1840, for fifteen hundred and eleven dollars and fifty-five cents, with interest to be collected thereon, from the 5th of May, preceding its issuance; and also the further sum of eight dollars and twenty-five cents, adjudged and taxed as costs of suit; and was made returnable…

1Opinion of the Court

COLLIER, C. J

It is insisted that the judgment of the Circuit Court is erroneous,

*7141-. Because no notice of the motion was given to the sureties of the sheriff.

2. Because the jury did not find by their verdict, who were the sureties; nor does the record show, that any proof on this point, was adduced to the Court.

1. In Broughton, et al. v. The State Bank. 6 Porter’s Rep. 48, this Court considered it a settled question, that in a motion against a sheriff and his sureties for failing to pay over money collected upon an execution, notice to the former was sufficient to authorise a judgment not only…

2Cited by3 opinions

  1. Enloe v. ReikeSupreme Court of Alabama · 1876
  2. Garey v. FrostSupreme Court of Alabama · 1843
  3. Welch v. FourierSupreme Court of Alabama · 1844

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