McRea v. Ins. Bank of Columbus
Supreme Court of Alabama
Error to the Circuit Court of Barbour. Tried before the Hon. Sam’l Chapman. The facts of this case are set forth at length in the opinion of the court. 1. The judgment of the County Court was erroneous.
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Error to the Circuit Court of Barbour. Tried before the Hon. Sam’l Chapman. The facts of this case are set forth at length in the opinion of the court. 1. The judgment of the County Court was erroneous. Upon .the verdict of the jury, the judgment should have been so as to satisfy the original judgment as to the $5190, and the court should have ordered satisfaction for that amount to be entered. 2. The court ought to have given the charge first asked, for, as the payment of the judgment to the attorney of the plaintiff was tantamount to a payment to the plaintiff himself. Hudson v. Johnson, 1…
1Opinion of the CourtDargan, C. J.
The facts of this case appear to be these: The Insurance Bank of Columbus recovered a judgment against Seth Lore, on which an execution was issued and placed in the hands of Duncan McRae, as sheriff of Barbour county. He failed to make the money, and the Bank moved for judgment against him and his securities, suggesting that he could have made the money with proper diligence. The sheriff and his securities appeared and admitted the facts alleged in the suggestion, and confessed judgment in favor of the Bank for the sum of six thousand seven hundred and eighty-one dollars. On this judgment…
2Cases cited3 opinions
- Adams v. M'MillanSupreme Court of Alabama · 1838
- Sherman v. CrosbyNew York Supreme Court · 1814
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1826
3Cited by5 opinions
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