Gillespie v. Bickley
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Motion by A. F. McClesky, as sheriff, to settle claims of E. L. Bickley, W. H. Gillespie, and others to funds in the hands of the movant. From a judgment sustaining a motion to strike the claim of said Gillespie, he appeals.
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Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Motion by A. F. McClesky, as sheriff, to settle claims of E. L. Bickley, W. H. Gillespie, and others to funds in the hands of the movant. From a judgment sustaining a motion to strike the claim of said Gillespie, he appeals. On the 16th day of June, 1909, A. F. McClesky, as sheriff of Colbert county, filed his motion in the circuit court of that county, stating that he had in his hands $1,622.32, being the proceeds of a stock of drugs and store fixtures upon which he had levied three attachments, and which was covered by a…
1Opinion of the CourtAnderson, J.
It has long been the settled practice in this state for the circuit court to settle claims to funds in the hands of the sheriff and to proceed in such cases in a summary and informal manner. This may be done upon the application of the sheriff, who states the facts to the court, whereupon notice is given to the parties in interest, and they axe permitted to come in and propound their claims. The court will then declare the lights of the parties and direct its officers to proceed accordingly.—Garrison v. Webb, 107 Ala. 504, 18 South. 297; Chandler v. Vandegrift, 94 Ala. 236, 10 South. 353;…
2Cases cited4 opinions
- Henderson v. RichardsonSupreme Court of Alabama · 1843
- Long v. MusgroveSupreme Court of Alabama · 1883
- Kyle v. McKenzieSupreme Court of Alabama · 1891
- Garrison v. WebbSupreme Court of Alabama · 1894