Graham v. Chandler
Supreme Court of Alabama
Error to the Circuit Court of Perry. Motion for judgment by the plaintiffs in error, against the defendant, sheriff of Perry, upon a suggestion that by due diligence he could have made the money on an execution which issued in their favor, upon a decree of the orphans’ court of Perry, which was made returnable to the next stated term of the countyacourt.
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Error to the Circuit Court of Perry. Motion for judgment by the plaintiffs in error, against the defendant, sheriff of Perry, upon a suggestion that by due diligence he could have made the money on an execution which issued in their favor, upon a decree of the orphans’ court of Perry, which was made returnable to the next stated term of the countyacourt. The motion was originally made in the county court of Perry, and transferred to the circuit court, the judge of the county court being interested. On motion of the defendant’s counsel, the court refused to take jurisdiction, and dismissed the…
1Opinion of the CourtOrmond, J.
In Westmoreland v. Hall, 11 Ala. R. 127, we held, that a motion for failing to return an execution, issued by the orphans’ court, which was made returnable on a *830day appointed by the orphans’ court for the return of process, would not lie against the sheriff, and it is said, that “ if the party in whose favor a decree of the orphans’ court is rendered, would avail himself of the summary remedy against sheriffs, he should cause his execution to be returned to a stated term of the county court.”
That has been done in this case, the execution having been made returnable to the term of the county…
2Cited by1 opinion
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