Yonge v. Broxson
Supreme Court of Alabama
Error to the Circuit Court of Coffee. The record does not show the name of the presiding judge. On the 12th day of March, 1851, Broxson sued out a capias in assumpsit against Yonge, returnable to the Circuit Court of Coffee County, which was executed on the 18th clay of the same month, and returned into the office of the clerk of said court.
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Error to the Circuit Court of Coffee. The record does not show the name of the presiding judge. On the 12th day of March, 1851, Broxson sued out a capias in assumpsit against Yonge, returnable to the Circuit Court of Coffee County, which was executed on the 18th clay of the same month, and returned into the office of the clerk of said court. On the 1st day of April, 1811, a copy of the original writ, accompanied by the affidavit of James Claxton, who deposes that he issued it by authority from the clerk, and that it had been destroyed by fire after its service on Yonge and return by the…
1Opinion of the CourtLigon, J.
The exceptions taken to the proceedings in this case, may be classed under two heads : first, objections to the original writ; and second, objections to the action of the court in allowing the substitution, and rendering the judgment by default.
As to the writ it is urged, first, that it was not issued by the clerk of the court out of which it purports to come; secondly, that it is not returnable to the first day of any regular term ; thirdly, that it docs not name the place at which the court will be held ; and, fourthly, that it is not directed “ to any sheriff of the State of Alabama.”
As to…
2Cases cited1 opinion
- McLendon v. JonesSupreme Court of Alabama · 1845
3Cited by19 opinions
- Chissom v. BarbourIndiana Supreme Court · 1885
- Bobo v. StateSupreme Court of Arkansas · 1882
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- Moore v. LesueurSupreme Court of Alabama · 1858
- McSwean v. StateSupreme Court of Alabama · 1912
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