Kirkmans v. Harkins
Supreme Court of Alabama
Error from Lauderdale County Court. This case originated from a motion made in the County Court of Lauderdale county, against a sheriff, for not making the money on an execution of the plaintiffs. The declaration set out, that the sheriff’s return on the execution was, that a levy had been made in pursuance of the same, but that the money was not made for want of time, and suggested, that the sheriff could have made the money by due diligence.
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Error from Lauderdale County Court. This case originated from a motion made in the County Court of Lauderdale county, against a sheriff, for not making the money on an execution of the plaintiffs. The declaration set out, that the sheriff’s return on the execution was, that a levy had been made in pursuance of the same, but that the money was not made for want of time, and suggested, that the sheriff could have made the money by due diligence. A motion was made to the court below to quash the proceedings, on the grounds— 1st. That the motion should have been made at the term of the court to…
1Opinion of the Court
By Mr. Justice Thornton :
This writ of error is brought to reverse a judgment of the county court of Lauderdale, in a proceeding there had under the 3d section of the act cf 1826, entitled an act “ The better to secure money in the hands of clerks, sheriffs, and coroners.” The record discloses, as 'the incipient step in the procedure, a notice, dated 16th February, 1831, to the defendant, late sheriff of Lauderdale, stating that the plaintiffs would, on the 18th of said month, move the court then in session, for an issue, according to the statute, to make him liable for not making the money on…
2Cited by3 opinions
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Brown v. WheelerSupreme Court of Alabama · 1842
- Lewis v. Garrett's AdministratorsMississippi Supreme Court · 1841