Caskey v. Nitcher
Supreme Court of Alabama
Error to the County Court of Chambers. Motion by the defendant in error, against the plaintiff in error, as sheriff, and also against his sureties, for failing to return afierifacias.. The notice, after describing the execution, when it issued, and came to the sheriff’s hands, alledges that he has “ failed to return said writ of execution,” and informs him that a motion will be made “ for the amount of said writ of execution, and the costs of the motion.”
Read the full summary
Error to the County Court of Chambers. Motion by the defendant in error, against the plaintiff in error, as sheriff, and also against his sureties, for failing to return afierifacias.. The notice, after describing the execution, when it issued, and came to the sheriff’s hands, alledges that he has “ failed to return said writ of execution,” and informs him that a motion will be made “ for the amount of said writ of execution, and the costs of the motion.” To this notice the defendant demurred, and the Court overruled the demurrer. An issue being made up between the parties, and submitted to a…
1Opinion of the CourtOrmond, J.
We consider the notice in this case sufficient. The objection is, that it is not alledged that the-sheriff failed to return the execution three days before the term of the Court, to which the writ was returnable. .The object of the notice is to in*624form the sheriff what he is to answer, and it is impossible to suppose, that he was not distinctly advised that ho was proceeded against for a failure to return the process, to the term of the Court indicated in the notice, according to law.
The same remarks apply to the objection, that it is not stated in the notice, whether the proceeding is had…
2Cases cited1 opinion
- Hill v. President of Bank of AlabamaSupreme Court of Alabama · 1837
3Cited by1 opinion
- Jackson v. JohnsonSupreme Court of Georgia · 1881