Burton v. Dangerfield
Supreme Court of Alabama
Api'kal from the City Court of Birmingham. Tried before the Hon. Wm. TV. Wilkbkson. This was an action on the case, and wa*s brought by the appellee, R. L. I )anger field. against the appellants, James T. Burton, a, constable, and Julius L. Lockwood, Thos.
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Api'kal from the City Court of Birmingham. Tried before the Hon. Wm. TV. Wilkbkson. This was an action on the case, and wa*s brought by the appellee, R. L. I )anger field. against the appellants, James T. Burton, a, constable, and Julius L. Lockwood, Thos. F. Earlier, Jr., and T.'G. Hewlett, sureties, on the official bond of said Burton, and sought to recover damages for the wrongful levy of an execution by said Burton, as constable, upon, and the sale of, certain property on which it was averred in the complaint the plaintiff had a landlord’s liena for rent, by reason of which wrongful acts…
1Opinion of the CourtHabalson, J.
The action is in case against the defendant, on his official bond, for haying levied an execution on persona] property of the plaintiff who was landlord of the defendant in' execution, and who' claimed a lien upon the property for rents due and to become due by the tenant, of which lien'the plaintiff gave notice to the constable; but that the constable, by virtue of his office, disregarding said notice, proceeded and sold and disposed of the property so levied on, and the same was purchased by a third person, and thereby the defendant hindered and delayed the plaintiff in the collection of…
2Cases cited4 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Barnett v. WilsonSupreme Court of Alabama · 1902
3Cited by5 opinions
- Connecticut General Life Ins. Co. v. SmithSupreme Court of Alabama · 1932
- Cairns v. DanielAlabama Court of Appeals · 1917
- Hughes v. SpratlingAlabama Court of Appeals · 1912
- Cairns v. DanielAlabama Court of Appeals · 1917
- Caton v. First Nat. Bank of OzarkAlabama Court of Appeals · 1924