Wynn v. McCraney
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Action by James J. Wynn, Jr., and others, on the official bond of M. J. McCraney clerk of the circuit court of Barbour county, for failure to issue execution. Judgment for defendant and plaintiff appeals.
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Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Action by James J. Wynn, Jr., and others, on the official bond of M. J. McCraney clerk of the circuit court of Barbour county, for failure to issue execution. Judgment for defendant and plaintiff appeals. The court erred in sustaining demurrer to the second count. —Secs. 3289-3331, Code 1896; 111 Ala. 248; 92 Ala., 326; 8 6Ala. 324; 69 Ala. 180; 63 Ala. 361/ The court' erred in not sustaining demurrers- to the pleas. — Subd. 7, sec. 944, Code 1896; Sec. 2642, Code 1896; sec. 898, Code 1896. No valid execution could issue on…
1Opinion of the CourtDenson, J.
The undisputed facts shown by the record may be summarized as follows: The plaintiffs, (appellants here) brought an action in the circuit court, *632of Barbour county against W. M. McPherson. That cause was pending on the trial docket at the November term, 1903 (a two-week term), of said court, and was set by the clerk for trial on Tuesday, November 3,1903; that being the second day of the term. At the request of the plaintiff’s attorney the cause was passed until the last day of the term, and the judge made a pencil memorandum of this fact on the trial docket, opposite the statement of the…
2Cases cited5 opinions
- Adams v. WrightSupreme Court of Alabama · 1900
- Mizzell v. Southern Railway Co.Supreme Court of Alabama · 1901
- Morgan v. Flexner & LichtenSupreme Court of Alabama · 1894
- Baker v. Swift & SonSupreme Court of Alabama · 1888
- Brightman & Co. v. MerriwetherSupreme Court of Alabama · 1898
3Cited by44 opinions
- Ellis v. StateSupreme Court of Alabama · 1943
- Campbell v. BeyersSupreme Court of Alabama · 1914
- Hale v. KinnairdSupreme Court of Alabama · 1917
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- Ex Parte City Bank & Trust Co.Supreme Court of Alabama · 1917
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