Smith v. Leavitts
Supreme Court of Alabama
Error to the Circuit Court of Coosa. Rule by the defendants in error, against the plaintiff, as sheriff, suggesting that by due diligence he could have made the money on a ft. fa. of the plaintiff, against one Jeremiah M. Friou, which was returned on the 1st February, 1840. From a bill of exceptions it appears, that the plaintiff having made out a prima facie case against the sheriff, he then offered in evidence a deed of assignment, executed hy the defendant in execution,…
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Error to the Circuit Court of Coosa. Rule by the defendants in error, against the plaintiff, as sheriff, suggesting that by due diligence he could have made the money on a ft. fa. of the plaintiff, against one Jeremiah M. Friou, which was returned on the 1st February, 1840. From a bill of exceptions it appears, that the plaintiff having made out a prima facie case against the sheriff, he then offered in evidence a deed of assignment, executed hy the defendant in execution, on the 23d March, 1839, to A. B. Dawson and S. Friou, conveying to them the property levied on by the plaintiff in…
1Opinion of the CourtOrmond, J.
When this case was here at a former term, 7 Ala. 175, the points determined by this court were, first, that the institution of a claim to the property levied on by third persons, which was dismissed, was not a bar to a proceeding by the plaintiffs against the sheriff for his neglect in failing to make the money. Second, that the plaintiff in error, (Smith,) having begun to do execution, upon the ji. fa. could not shelter himself from liability, by showing that he had turned over the writ to his successor. Third, that when the defendant is in possession of property, which the sheriff fails to…
2Cases cited6 opinions
- Boren v. M'GeheeSupreme Court of Alabama · 1838
- Ashurst v. MartinSupreme Court of Alabama · 1839
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Mason v. WattsSupreme Court of Alabama · 1845
- Leavitt v. DawsonSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Wilson v. BrownSupreme Court of Alabama · 1877
- Daniels v. HamiltonSupreme Court of Alabama · 1875
- Whitsett, Garner & Co. v. SlaterSupreme Court of Alabama · 1853
- Coker v. WhitlockSupreme Court of Alabama · 1875
6 more not listed; retrieve them via the Exa API.