Adamson v. Parker
Supreme Court of Alabama
Writ of error to the Circuit Court of Tallapoosa. THIS was an action of assumpsit on a promissory note. The writ is addressed “ to any sheriff of the State of Alabama,”' and was returned “executed by H. ■ J. Pickard, cor. by R. Espy.” Judgment being rendered against the defendant by default, he has prosecuted a writ of error to this Court.
1Opinion of the CourtCollier, C. J.
There can be no question, that process intended to be executed by the coroner, should be directed to him eo nomine. The statute of 1839, entitled “An act to regulate judicial proceedings ” is explicit on this point. But there is nothing in the record to show, that the writ issued in the present case, was not placed in the hands of the sheriff for execution, and went from thence to the coroner, because the office of sheriffbeeame vacant. Now the act of 1826, “the better to secure money in the hands of clerks, sheriffs and coroners,” (Aik. Dig. 389,) expressly devolves upon the coroner, the…
2Cases cited1 opinion
- Nabors v. ThomasonSupreme Court of Alabama · 1840
3Cited by4 opinions
- Gresham v. LeverettSupreme Court of Alabama · 1846
- Johnson v. McLaughlinSupreme Court of Alabama · 1846
- Governor v. LindsaySupreme Court of Alabama · 1848
- Sawyer v. PriceSupreme Court of Alabama · 1844