Enloe v. Reike
Supreme Court of Alabama
Appeal from tbe Circuit Court of Randolph. Tried before tbe Hon. John Henderson. This action was brought by C. C. Enloe, the appellant, against Frederick Reike, county treasurer of said county, and tbe sureties on his official bond as sucb treasurer; and was commenced on the 6th February, 1875. Tbe notice by wbicb tbe proceeding was commenced, and which was served on tbe defendants on tbe 9th February, 1875, stated tbat, at tbe next term of tbe Circuit Court of said county,…
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Appeal from tbe Circuit Court of Randolph. Tried before tbe Hon. John Henderson. This action was brought by C. C. Enloe, the appellant, against Frederick Reike, county treasurer of said county, and tbe sureties on his official bond as sucb treasurer; and was commenced on the 6th February, 1875. Tbe notice by wbicb tbe proceeding was commenced, and which was served on tbe defendants on tbe 9th February, 1875, stated tbat, at tbe next term of tbe Circuit Court of said county, to be held on the third Monday in February, 1875, the plaintiff would “ move for a judgment against said F. Reike, as…
1Opinion of the CourtStone, J.
Where a summary remedy, given by statute, is resorted to, the statute must be strictly followed in all matters of substance. In such cases, the record must show affirmatively every material fact, necessary to entitle the party to this summary remedy. — Conolly v. Ala. & Tenn. R. R. Co., 29 Ala. 373; Jones v. Brooks, 30 Ala. 588; 2 Brickell’s Digest, 464
The present proceeding is summary, instituted under sec-, tion 930 of the Revised Code. That section provides a remedy against the county treasurer who fails, on demand, “ to pay an allowed claim against the county, when there are funds in the…
2Cases cited6 opinions
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Andrews' Adm'r v. Branch Bank at MobileSupreme Court of Alabama · 1846
- Andrews v. CarrMississippi Supreme Court · 1853
- Reid v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fulton v. StateSupreme Court of Alabama · 1911
- Herr v. SeymourSupreme Court of Alabama · 1884
- Coan v. StateSupreme Court of Alabama · 1932
- Mueller v. MuellerSupreme Court of Alabama · 1899
- Ragland v. WoodSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.