Dudley v. Chilton County
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Hon. John Henderson. This was a summary proceeding, by notice and motion, in the name of Chilton county, against James A. Dudley and the sureties on his official bond as tax-collector of said county, for his “failure to pay into the county treasury, within the time prescribed by law, the sum of, to-wit, $1,099.50, being part of the amount of the county tax for said county collected by him while tax-collector as…
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Appeal from the Circuit Court of Chilton. Tried before the Hon. John Henderson. This was a summary proceeding, by notice and motion, in the name of Chilton county, against James A. Dudley and the sureties on his official bond as tax-collector of said county, for his “failure to pay into the county treasury, within the time prescribed by law, the sum of, to-wit, $1,099.50, being part of the amount of the county tax for said county collected by him while tax-collector as aforesaid, and due and payable by him, as such tax-collector, to the county’ treasurer of said county, on or before the 1st…
1Opinion of the CourtBrickell, C. J.
A bill of exceptions, when signed, be*598comes a part of the record. After the adjournment of the term, the presiding judge can not, in vacation, make in it any change or alteration. It is as completely beyond his control as is the judgment-entry, or other parts of the record. The judge was in error, in adding to the bill the words now moved to be stricken from it, The error is harmless, however, for the bill as it was written and signed would bear the construction that it contained the substance of all the evidence introduced on the trial, in the absence of these words,
The bonds of all public…
2Cases cited3 opinions
- Morrow v. WoodSupreme Court of Alabama · 1876
- Hopper v. AshleySupreme Court of Alabama · 1849
- Godbold v. Blair & Co.Supreme Court of Alabama · 1855
3Cited by7 opinions
- State v. CunninghamWest Virginia Supreme Court · 1890
- Stanley v. StateSupreme Court of Alabama · 1889
- Hauser v. StateAlabama Court of Appeals · 1912
- Stevenson v. MoodySupreme Court of Alabama · 1887
- Jackson County v. GullattSupreme Court of Alabama · 1887
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