Bagby v. Chandler
Supreme Court of Alabama
Writ of error to the Circuit Court of Perry. This was an action of debt, commenced in May, 1843, at the suit of the plaintiff in error against the defendants, as the sureties of James L. Chandler, for the performance of his duties as a constable of Perry county.
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Writ of error to the Circuit Court of Perry. This was an action of debt, commenced in May, 1843, at the suit of the plaintiff in error against the defendants, as the sureties of James L. Chandler, for the performance of his duties as a constable of Perry county. The breaches alledged are, the receipt of two executions, (particularly described in the declaration,) on which the money has been made, but not paid over on demand; .and further, that the same have not been returned. A demurrer ■was interposed by the defendants, which being sustained, a judg-ement was rendered accordingly. made the…
1Opinion of the CourtCollier, C. J.
No formal judgment, by default, seems to have been rendered previous to the filing of the demurrer, but it was merely noted on the minutes of the Court, that the plaintiff claimed such a judgment, which was “to be opened on merits shewn.” It appears from the final entry, that the parties came by their attornies, and the plaintiff’s demurrer was argued by counsel, &c. Here, instead of indicating an objection to the consideration of the demurrer, it is clearly inferrable that it was assented to by both parties. But suppose such an objection had been interposed, is it competent to object on…
2Cases cited4 opinions
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- James v. BennettNew York Supreme Court · 1833
- Cutts v. CommonwealthMassachusetts Supreme Judicial Court · 1807
3Cited by7 opinions
- Ex Parte KingSupreme Court of Alabama · 1935
- Chapman v. SpenceSupreme Court of Alabama · 1853
- Alabama National Bank v. O'NeilSupreme Court of Alabama · 1900
- Bagby v. BakerSupreme Court of Alabama · 1851
- Chaudron v. FitzpatrickSupreme Court of Alabama · 1851
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