Gary v. Bank of Alabama
Supreme Court of Alabama
Writ of Error to the Circuit Court of Tuscaloosa. This was a proceeding under the statute of 1326, at the suit of the defendant in error suggesting that the plaintiff, Gary, could with due diligence have made the money on a writ of fieri facias in favor of the bank against J. B. Bunn, and S. D. Hooks, which was placed in his hands as the sheriff of Sumter county.
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Writ of Error to the Circuit Court of Tuscaloosa. This was a proceeding under the statute of 1326, at the suit of the defendant in error suggesting that the plaintiff, Gary, could with due diligence have made the money on a writ of fieri facias in favor of the bank against J. B. Bunn, and S. D. Hooks, which was placed in his hands as the sheriff of Sumter county. Pursuant to a notice, a motion was made against the sheriff and the sureties, in his official bond, for judgment, founded upon the default suggested. An issue being made up, the cause was submitted to a jury, who returned a verdict…
1Opinion of the CourtCollier, C. J.
Conceding, that where parties to be affected, are informed by a notice that a motion will be made on a particular day of a term for judgment against them, it is necessary to submit the motion on that day, or the notice will cease to be available ; yet it does not become so wholly inoperative that a motion afterwards made cannot, under any circumstances, be entertained. Here, it appears from a note made on the trial docket for the term next after the return of the notice, and after the motion had been submitted that the cause was continued by the defendants. This note was quite sufficient to…
2Cited by5 opinions
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