Gary v. Hathaway
Supreme Court of Alabama
Error to the County Court of Sumter. This was a suggestion, under the statute, by the defendant in error, against the sheriff of Sumter, alleging that, by due diligence, he could have made the money on an execution of the defendant in error. The sheriff appeared, and an issue was made up upon the suggestion, and the jury found, that the sheriff could have made the money on the plaintiff’s execution, by due diligence.
Read the full summary
Error to the County Court of Sumter. This was a suggestion, under the statute, by the defendant in error, against the sheriff of Sumter, alleging that, by due diligence, he could have made the money on an execution of the defendant in error. The sheriff appeared, and an issue was made up upon the suggestion, and the jury found, that the sheriff could have made the money on the plaintiff’s execution, by due diligence. The record recites, that it was made to appear to the satisfaction of the court, that certain persons (naming them) were .the sureties of the sheriff, against whom, with the…
1Opinion of the CourtOrmond, J.
In the case of Smith v. The Branch Bank at Mobile, at the last term, we held, as the result of all the cases on summary judgments, that when the defendant appeared and pleaded, the proceeding was like any other cause commenced in the ordinary mode, and be governed by the same rules, except that it must appear on the record that the court had jurisdiction. In this case, the sheriff appeared, and an issue was made up upon the suggestion, and the jury found, that by due diligence, the money could have been made. This disposes of the first, third and fourth assignments of error, as they are all…
2Cases cited2 opinions
- McRae v. ColcloughSupreme Court of Alabama · 1841
- Adams v. WhiteSupreme Court of Alabama · 1841
3Cited by3 opinions
- Mitchell v. IngramSupreme Court of Alabama · 1862
- Gary v. FrostSupreme Court of Alabama · 1846
- Anderson v. BrightSupreme Court of Alabama · 1847