Warwick v. Brooks
Supreme Court of Alabama
Motion for Summary Judgment against Sheriff for Failure to Return Fxecution. Appbal from Perry Circuit'Court. Tried before Hon. G. H. Craig. This was a motion made by W. M. Brooks against J. E. Warwick, sheriff of Talladega county, and the sureties on his official bond, for a summary judgment for the failure to return an execution.
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Motion for Summary Judgment against Sheriff for Failure to Return Fxecution. Appbal from Perry Circuit'Court. Tried before Hon. G. H. Craig. This was a motion made by W. M. Brooks against J. E. Warwick, sheriff of Talladega county, and the sureties on his official bond, for a summary judgment for the failure to return an execution. The judgment entry, after reciting the issuance of the execution, and the failure of the appellant to return it, continues as follows : “Said motion being heard, and considered by the court, is this day granted, and the said defendants (naming them) being called to…
1Opinion of the CourtSomeryille, J.
— This is a summary motion against the sheriff and his sureties for failing to return an execution within the time required by law. The Circuit Court rendered judgment final by default, on motion of plaintiff, without the intervention of a jury. The assignment of error based on this action of the court must be sustained. The motion is not an “action founded on any instrument of writing ascertaining the plaintiff’s demand,” within the meaning of section 3022 of the Code. There should have been evidence introduced to establish the truth of the statements, showing the liability of the defendants…
2Cases cited2 opinions
- Porter v. Burleson & DavisSupreme Court of Alabama · 1862
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