Easley v. Walker
Supreme Court of Alabama
Error to the County Court of Talladega. This was a motion, under the statute, at the suit of the defendant in error, against Easley, as sheriff of Talladega, and the sureties on his official bond. Several pleas were interposed, which need not be here noticed, as issues were formed and submitted to a jury, and the questions now presented do not controvert the adaptation of the proof to the issues, but the sufficiency of the facts proved to bar a recovery.
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Error to the County Court of Talladega. This was a motion, under the statute, at the suit of the defendant in error, against Easley, as sheriff of Talladega, and the sureties on his official bond. Several pleas were interposed, which need not be here noticed, as issues were formed and submitted to a jury, and the questions now presented do not controvert the adaptation of the proof to the issues, but the sufficiency of the facts proved to bar a recovery. The case litigated in the county court, is stated at length in the bill of exceptions, but the facts need not be here recited, except so as…
1Opinion of the CourtCollier, C. J.
There is nothing in the record to indicate that the regularity of the levy was controverted in the county court, but the objections were, that it should have been at an earlier day, or on property of some of the defendants in execution, which was unembarrassed, or the liability of which did not promise to be a litigated question. It is difficult, if not impossible to say, from the recital of the facts upon this point, in the bill of exceptions, whether the levy was valid or not. As a general rule, what is necessary to an effective levy upon personal property, is laid down in many cases, some…
2Cases cited4 opinions
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Powell v. GovernorSupreme Court of Alabama · 1846
- Cobb v. CageSupreme Court of Alabama · 1845
- Hallett v. LeeSupreme Court of Alabama · 1841
3Cited by6 opinions
- Adler v. PotterSupreme Court of Alabama · 1877
- Wilson v. BrownSupreme Court of Alabama · 1877
- Leavitt v. SmithSupreme Court of Alabama · 1848
- Brown v. HamilSupreme Court of Alabama · 1884
- Jackson v. StateSupreme Court of Alabama · 1948
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