Robertson v. Beavers
Supreme Court of Alabama
QUESTION IN THIS CASE. As to suggestion against a sheriff, for failing to make the money on an execution. This was a suggestion by Robertson, in the Circuit Court of Talladega, setting forth, that before the time of the suggestion, he had obtained a judgment in the said Court, against one Pate, for the sum of one hundred and six dollars and 33 cents; on which execution had regularly issued; that said execution went into the hands of said Beavers, sheriff of said county, and…
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QUESTION IN THIS CASE. As to suggestion against a sheriff, for failing to make the money on an execution. This was a suggestion by Robertson, in the Circuit Court of Talladega, setting forth, that before the time of the suggestion, he had obtained a judgment in the said Court, against one Pate, for the sum of one hundred and six dollars and 33 cents; on which execution had regularly issued; that said execution went into the hands of said Beavers, sheriff of said county, and had by him been returned nulla bona: and the plaintiff, Robertson, made knowm to the Court, that the money on the…
1Opinion of the CourtHitchcock, C. J.
This was a motion, under the
statute, for judgment against a sheriff, for negligence, in not making the money on an execution. The evidence offered by ihe sheriff, in excuse, was, “(hat. he was informed, by the debtor and Ids’ wife, that the property in his, (the debtor’s,) possession, to wit, a negro woman ami child, belonged to his, (ihe debt- or's) .wife; also, that it was the understanding in the neighborhood, that the negroes belonged to the debt- or’s wife, or to the father of the wife, who lived in Georgia; and that he was informed of the same matters, by persons who said they knew all…
2Cited by2 opinions
- Wilson v. BrownSupreme Court of Alabama · 1877
- Whitsett, Garner & Co. v. SlaterSupreme Court of Alabama · 1853