Sawyer v. Price
Supreme Court of Alabama
Wbit of error to the County Court of Benton. This was an action of assumpsit, at the suit of the defendant in error against the plaintiffs, on a promissory note. The writ is addressed “To any coroner, &c.,” without alleging the incompetency of the sheriff to execute it, and was placed in the hands of the coroner, who returned thereon that he had duly executed the same. No appearance was entered for the defendants, and a judgment by default was rendered against them.
1Opinion of the CourtCollier, C. J.
It is the duty of the coroner to execute all process when the sheriff is a party in interest to any suit in the circuit or county count, and perform all the duties of sheriff, whenever, from any cause, he is incompetent to act as such. [Clay’s Dig. 159, § 3.] So, when the office of sheriff becomes vacant, the coroner is required to discharge all the duties which pertain to that office, under all the penalties and liabilities created by law for a violation or neglect of duty. [Clay’s Dig. 536, § 10.] Now, although the coroner is invested with the functions of a sheriff in certain cases, it is…
2Cases cited1 opinion
- Adamson v. ParkerSupreme Court of Alabama · 1842
3Cited by1 opinion
- Herbert v. VarnerSupreme Court of Alabama · 1868