Legal Opinion

Shepherd v. State

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 2 opinions

Appeal from tbe CouDty Court of Macon. Tried before the Hon. W. H. Hurt. The appellant was prosecuted in the county court of Macon county on a complaint charging him with a 1 ‘failure, without good and sufficient cause, to perform a contract with surety confessing judgment for fine and costs,” and was convicted of the offense charged. The facts of the case are sufficiently stated in the ,opinion. cited Oode, §3832; Riley v. State, 94 Ala. 82; Simpson v. State, 97 Ala. 78.

1Opinion of the CourtHaralson, J.

There is no dispute but that the contract of the defendant with Mrs. Cunningham, was good and sufficient for the purposes intended, and was according to section 3832 of the Oode, for the alleged violation of which defendant was proceeded against. That contract recites that defendant had pleaded guilty in the county court in a specified criminal proceeding for a misdemeanor, and was fined $50 and cost, — the fine and costs amounting to $84.10, for which latter sum, Mrs. Cunningham for and with the defendant — confessed a judgment, and she paid the amount thereof for de-*105fenclant. It then…

2Cases cited2 opinions

  1. Lee v. StateSupreme Court of Alabama · 1883
  2. Giles v. StateSupreme Court of Alabama · 1889

3Cited by2 opinions

  1. Salter v. StateSupreme Court of Alabama · 1897
  2. Simmons v. StateSupreme Court of Alabama · 1903

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