Garey v. Edwards
Supreme Court of Alabama
Error to the Circuit Court of Franklin. Before the Hon. D. Coleman. This was a motion by defendants in error against Matthias E. Garey, sheriff of Sumter, and his securities, for the failure of said sheriff to return an execution in favor of said defendants, against James E. and Richard S. Jones. The record contains two notices — the first dated the 2d February, the second the 31st of March, 1842, both returnable to the spring term, 1842, of the circuit court of Franklin.
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Error to the Circuit Court of Franklin. Before the Hon. D. Coleman. This was a motion by defendants in error against Matthias E. Garey, sheriff of Sumter, and his securities, for the failure of said sheriff to return an execution in favor of said defendants, against James E. and Richard S. Jones. The record contains two notices — the first dated the 2d February, the second the 31st of March, 1842, both returnable to the spring term, 1842, of the circuit court of Franklin. The second notice was executed on the plaintiffs in error, on the 2d April, 1842. At the October term, 1842, the…
1Opinion of the CourtChilton, J.
We cannot regard the notices of the intended motion sent up in this case as constituting any portion of the record. To make them such, they must be refer-ed to in the judgment entry, so as to identify them as part of the record, or be presented by bill of exceptions. Lyon v. The State Bank, 1 Stew. R. 442; Curry v. The Bank of Mobile, 8 Porter, 372; Bates v. P. & M. Bank, Ib 99; Armstrong v. Robertson & Barnwell, 2 Ala. 167.
*109Could we look to either of the notices sent up, it is perfectly clear, that as no motion for judgment was made at the term of the court indicated by the notices, they…
2Cases cited6 opinions
- Lyon v. State BankSupreme Court of Alabama · 1828
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Harris v. BradfordSupreme Court of Alabama · 1842
- McRae v. ColcloughSupreme Court of Alabama · 1841
- Neale v. CaldwellSupreme Court of Alabama · 1830
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3Cited by2 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Mitcham v. MooreSupreme Court of Alabama · 1883