Palmer v. Fitts
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd. This was a summary proceeding by notice and motion, in favor of P. A. Fitts, late county solicitor of Tuskaloosa county, against Samuel T. Palmer, county treasurer of said county, and the sureties on his official bond as such treasurer.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd. This was a summary proceeding by notice and motion, in favor of P. A. Fitts, late county solicitor of Tuskaloosa county, against Samuel T. Palmer, county treasurer of said county, and the sureties on his official bond as such treasurer. The motion, a copy of which was served on the defendants with the notice, was in these words: “ Motion is made in this cause against the said Samuel T. Palmer, as treasurer of said county, and against the said sureties on his official bond as such treasurer, for a judgment for the…
1Opinion of the CourtBrickell, J.
In a summary proceeding of this character, the notice serves the double purpose of process and pleading, and is amendable under the same rules governing the amendment of a complaint in an ordinary action. Walker v. Turnipseed, 8 Ala. 679; Jemison v. P. & M. Bank, 23 Ala. 168.
2. The claims on which the motion is founded, were due to the plaintiff as former county solicitor of Tuskaloosa county, on convictions of defendants proving insolvent. The general law declares that these claims shall be paid out of the fines and forfeitures in the county treasury. R. C. § 4343. The claims of State…
2Cases cited3 opinions
- State ex rel. Police Commissioners v. County CourtSupreme Court of Missouri · 1864
- Jemison v. Planters' & Merchants' BankSupreme Court of Alabama · 1853
- Walker v. TurnipseedSupreme Court of Alabama · 1845
3Cited by9 opinions
- Morris & Cummings v. State ex rel. GussettTexas Supreme Court · 1884
- Herr v. SeymourSupreme Court of Alabama · 1884
- Sanders v. Court of County CommissionersSupreme Court of Alabama · 1897
- Postelwait v. StateCourt of Criminal Appeals of Oklahoma · 1924
- State ex rel. Mobile County v. StoneSupreme Court of Alabama · 1881
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