Smith v. Alexander
Supreme Court of Alabama
Appeal from Randolph Chancery Court. Heard before Hon. N. S. Graham. This was a bill of interpleader exhibited on 26th September, 1873, by William J. Alexander against W. J. Borden and William II, Smith, the case made by the record, so far as essential to this report, being substantially as follows: The complainant, as sheriif of the county of Cleburne, received from the register of the Chancery Court of Randolph, twelve several executions in favor of Margaret E. Smith…
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Appeal from Randolph Chancery Court. Heard before Hon. N. S. Graham. This was a bill of interpleader exhibited on 26th September, 1873, by William J. Alexander against W. J. Borden and William II, Smith, the case made by the record, so far as essential to this report, being substantially as follows: The complainant, as sheriif of the county of Cleburne, received from the register of the Chancery Court of Randolph, twelve several executions in favor of Margaret E. Smith against her former husband, Jeremiah Smith, which were issued on a decree rendered in 1859 divorcing the said Margaret E. and…
1Opinion of the CourtSomerville, J.
The first assignment of error is based on the chancellor’s confirmation of that portion of the register’s report having reference to the amount of counsel fees allowed appellant, Smith, as solicitor in the cause. This allowance does *253not appear, in onr opinion, to be unreasonably small, according to our understanding of the testimony. It is shown that Mrs. Margaret E. Smith was deceased at the time of the issue of the execution in her favor, and of the collection of the money by the sheriff, and this fact was known to the appellant, who, as attorney in the cause, was controlling the execution.…
2Cases cited3 opinions
- Stewart v. NuckolsSupreme Court of Alabama · 1849
- Pinkard v. Allen's Adm'rSupreme Court of Alabama · 1883
- Dudley v. WitterSupreme Court of Alabama · 1874