Shouse v. Lawrence
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. The record does not show the name of the presiding judge. In this case, as the record shows, a motion was entered on the docket of said circuit court on the 15th September, 1871, in the name of “ Frederick N. Lawrence, as surviving assignee of W. G. Lane & Co.,” for a summary judgment against F. M. Shouse, as sheriff of Talladega county, and the sureties on his official bond as sheriff, on account of the failure of the said sheriff…
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Appeal from the Circuit Court of Talladega. The record does not show the name of the presiding judge. In this case, as the record shows, a motion was entered on the docket of said circuit court on the 15th September, 1871, in the name of “ Frederick N. Lawrence, as surviving assignee of W. G. Lane & Co.,” for a summary judgment against F. M. Shouse, as sheriff of Talladega county, and the sureties on his official bond as sheriff, on account of the failure of the said sheriff to return an execution, which came to his hands as sheriff, and which was issued on a judgment for $3,749 rendered by…
1Opinion of the CourtBrickell, J.
If, as insisted by tbe appellants, there was a discontinuance of the motion against them, by the appellee’s failure to invoke any action upon it at the term of the court at which he had given notice it would be made, the discontinuance was waived by their subsequent appearance, without objection, at the succeeding term of the court, and consenting to a continuance. Evans v. State Bank, 13 Ala. 787.
The record discloses that the circuit court had jurisdiction of the motion. - The appellants appeared, and waived a trial by jury, consenting that the judge should hear and render judgment on the…
2Cases cited3 opinions
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Evans v. State BankSupreme Court of Alabama · 1848
- Rutherford's Adm'r v. SmithSupreme Court of Alabama · 1855
3Cited by5 opinions
- Dorgan v. StateSupreme Court of Alabama · 1882
- T. V. Murray & Bro. v. G., C. & S. F. R. R. Co.Texas Supreme Court · 1885
- Macdonald v. StateSupreme Court of Alabama · 1904
- Chandler v. HenrySupreme Court of Alabama · 1890
- Hightower v. RobisonSupreme Court of Alabama · 1931