State ex rel. Montgomery County v. Allen
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. ThoMas M. AeRINGtoN. The facts are sufficiently stated in the opinion.
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Appeal from City Court of Montgomery. Tried before Hon. ThoMas M. AeRINGtoN. The facts are sufficiently stated in the opinion. (1) The judgment upon which the execution was issued was confessed under § 4454 of Code of 1876. It is founded upon the fine and costs assessed against the defendant; and the effect of the action taken by the sureties is, that they simply come in and make themselves parties defendant to the proceedings against the principal for the recovery of the fine and costs. Such a judgment is not, strictly speaking, a contract; it is rather a proceeding of the court used for the…
1Opinion of the CourtStone, J.
Robert Coles was convicted of carrying a deadly weapon concealed about his person, and a fine of fifty dollars was assessed against him. Thereupon he, together with John Allen and another as. sureties, confessed judgment for the amount of the fine, and the costs of the prosecution, under § 4454 of the Code of 1876. An execution, issued on said confessed judgment, was levied by the sheriff on the homestead of said John Allen, and a claim of exemption was interposed under the statute. The homestead was and is in value much less than two thousand dollars, and in extent much less than one hundred…
2Cases cited6 opinions
- Miller v. StateSupreme Court of Alabama · 1863
- State v. ConnerSupreme Court of Alabama · 1881
- Williams v. BowdenSupreme Court of Alabama · 1881
- State v. PittsSupreme Court of Missouri · 1872
- Ex parte FloydSupreme Court of Alabama · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schuessler v. DudleySupreme Court of Alabama · 1886
- Jackson County v. DerrickSupreme Court of Alabama · 1897
- State Ex Rel. Smith v. McCordSupreme Court of Alabama · 1919
- LOUISVILLE & NASHVILLE RAILROAD COMPANY v. StateSupreme Court of Alabama · 1963
- Lee v. StateSupreme Court of Alabama · 1883
4 more not listed; retrieve them via the Exa API.