Fryer v. Dennis
Supreme Court of Alabama
Writ of error to the Circuit Court of Pike. A writ of fieri facias, issued by the Clerk of the Circuit Court of Pike, on a judgment recovered in that Court by the defendant in error, against William Y. Fryer, being levied on certain slaves, the plaintiff in error made an affidavit, that the slaves were his property, and executed a bond with surety to try the right, pursuant to the statute.
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Writ of error to the Circuit Court of Pike. A writ of fieri facias, issued by the Clerk of the Circuit Court of Pike, on a judgment recovered in that Court by the defendant in error, against William Y. Fryer, being levied on certain slaves, the plaintiff in error made an affidavit, that the slaves were his property, and executed a bond with surety to try the right, pursuant to the statute. An issue was made up, and the case submitted to a jury, who found the slaves subject to the execution, and assessed the value of each. Whereupon, the Court rendered a judgment as follows: “ It is therefore…
1Opinion of the CourtCollier, C. J.
— The assignments of error present for our examination, the legal questions arising upon the judgment and bill of exceptions.
The bond executed by the plaintiff, conforms to the act of 1838. The first section of that statute enacts, that “It shall be the duty of the sheriff to prepare a bond, whenever property levied on by him, shall be claimed and affidavit made, and good security offered for the trial of the right thereof; which bond shall be made payable to the plaintiff in execution, and conditioned for the forthcoming of the property, if the same be found liable to the execution, and for…
2Cited by9 opinions
- Langworthy v. Goodall, McLester & Co.Supreme Court of Alabama · 1884
- Crosby v. HutchinsonSupreme Court of Alabama · 1875
- Henderson v. Bank at MontgomerySupreme Court of Alabama · 1847
- Baars v. CrearySupreme Court of Florida · 1887
- Dent v. SmithSupreme Court of Alabama · 1849
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