Payne v. The Governor
Supreme Court of Alabama
Error, to the County Court of Mobile. with sureties on his official bond as constable, was sued by the Governor for the use of Geo. W. Torrance to recover for selling a quantity of wood, which he had levied on under an execution in his hands, after the execution had been superseded by certiorari. The defence relied on was that Payne, the constable, had no sufficient notice of the certiorari and supersedeas.
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Error, to the County Court of Mobile. with sureties on his official bond as constable, was sued by the Governor for the use of Geo. W. Torrance to recover for selling a quantity of wood, which he had levied on under an execution in his hands, after the execution had been superseded by certiorari. The defence relied on was that Payne, the constable, had no sufficient notice of the certiorari and supersedeas. It appears by the bill of exceptions that the constable had in his hands, at the time, the execution refered to and an order of sale issued by the justice of the peace on an attachment,…
1Opinion of the CourtDargan, C. J.
An officer, who obeys.the mandate of a writ issued from a court of competent authority, must be protected by law, so long as he acts within the line of his duty,— (Lyon v. Goree, 15 Ala. 36; Cogburn & Powell v. Elliott & Spence, 15 ib. 549,) — and if the writ has been superseded, then it is the duty of the party, against whom it issued, to have the officer notified of the supersedeas in such manner that he will be protected in refusing to proceed with the execution of the writ. These rules we think too obvious to be controverted, and applying them to the bill of exceptions, they show that the…
2Cited by5 opinions
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- Clark v. LambSupreme Court of Alabama · 1884
- Frohlichstein v. JordanSupreme Court of Alabama · 1903
- Sterling v. ColvardSupreme Court of Alabama · 1969
- Memphis Grocery Co. v. AndersonMississippi Supreme Court · 1898