Kirksey v. Hardaway
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. James Cobbs. This was a motion by William R. Hardaway, the sheriff of said county, for instructions how to apply certain moneys in his hands, arising from the sale of property belonging to Abram F. Alexander, deceased, and Ephraim J. Butler, under sundry executions.
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Appeal from the Circuit Court of Greene. Tried before the Hon. James Cobbs. This was a motion by William R. Hardaway, the sheriff of said county, for instructions how to apply certain moneys in his hands, arising from the sale of property belonging to Abram F. Alexander, deceased, and Ephraim J. Butler, under sundry executions. The several plaintiffs in execution, being notified of the motion, came into court, and contested with each other their respective rights to the money. There were in the sheriff’s hands, at the time of the sale of Alexander’s property, six executions, issued on…
1Opinion of the CourtByrd, J.
1. The administrator of Dew not having taken an appeal, and the errors assigned by his counsel not having been assigned by consent of all the adverse parties, and there being no joinder in such assignments, they will be treated as a nullity, and will not be considered by this court.
2. The bill of exceptions does not purport to set out all the evidence introduced on the hearing of the motion, but states that, “ upon the foregoing evidence, said court decided,” &c. This expression is equivalent to the word “thereupon,” used in the case of The Southern Marine Ins. Co. v. Holcombe, (35 Ala. 327,)…
2Cases cited5 opinions
- Bradley v. AndressSupreme Court of Alabama · 1857
- Doe ex dem. School Commissioners v. GodwinSupreme Court of Alabama · 1857
- Southern Mutual Ins. v. Holcombe's AdministratorSupreme Court of Alabama · 1859
- Lovett v. ChisolmSupreme Court of Alabama · 1857
- Keep v. Kelly & LevinSupreme Court of Alabama · 1856
3Cited by3 opinions
- Walker v. CarrollSupreme Court of Alabama · 1880
- Cooper v. CooperSupreme Court of Alabama · 1921
- New York Life Ins. Co. v. JonesSupreme Court of Alabama · 1944