Walker v. Massey
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. Sex. pa. by Massey against the Walkers, as the bail of one David Walker. The sci. fa. issued on the 20th February, 1845, and the defendants not appearing, a judgment was rendered against them at the appearance term, for the amount of the judgment against their principal, without interest.
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Writ of Error to the Circuit Court of Perry. Sex. pa. by Massey against the Walkers, as the bail of one David Walker. The sci. fa. issued on the 20th February, 1845, and the defendants not appearing, a judgment was rendered against them at the appearance term, for the amount of the judgment against their principal, without interest. All the proceedings in the suit against the principal, are recited in the sci. fa. and such parts as are covered by the assignments of error will be stated. 1. The affidavit for bail is not set out, but in the order fox-bail indorsed by the clerk on the writ, it…
1Opinion of the CourtGoldthwaite, J.
1. It is true the act of 1839, directs that no judgment shall be rendered at the appearance term in any suit for the purpose of collecting money, except by the consent of parties, although the defendant therein may fail to plead or enter an appearance. [Dig. 334, <§> 115.] We think this act has no application to those modes of proceeding which are described by other statutes, with reference to particular suits. Our legislation allows of summary proceedings in many instances, against officers and their sureties, banks, &c.; and although these certainly are suits for the -purpose of collecting…
2Cases cited1 opinion
- Embree v. Norris & KeithSupreme Court of Alabama · 1841