Oswitchee Co. v. Hope
Supreme Court of Alabama
WRIT of Error to the Circuit Court of Russell. The defendants in error, being merchants and partners in trade, under the style of “ Hope & Co.” recovered a judgment against the plaintiffs, doing business together in the name of “ The Oswitchee .Co.” An execution was issued on that judgment, and placed in the sheriff’s hands on the 1st June,, 1842, which by his indorsement thereon, appears to have been levied on sundry tracts of land.
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WRIT of Error to the Circuit Court of Russell. The defendants in error, being merchants and partners in trade, under the style of “ Hope & Co.” recovered a judgment against the plaintiffs, doing business together in the name of “ The Oswitchee .Co.” An execution was issued on that judgment, and placed in the sheriff’s hands on the 1st June,, 1842, which by his indorsement thereon, appears to have been levied on sundry tracts of land. Afterwards, on the 13th August, 1842, the sheriff made the following return, viz: “ Levy dismissed and proceedings stayed by order of Jones & Benning, plaintiffs…
1Opinion of the CourtCollier, C. J.
It is not the appropriate office of the clerk to tax in the bill of costs, the commissions allowed by law, to the sheriff, consequent upon his levying a writ of fierie facias. As it cannot be known when the writ issues, whether he will be entitled to any commissions, or how much, no express authority can be conferred by the execution to make any. Our practice has been invariably for the officer levying a fi.fa. to collect as an incident to the sum adjudged to the plaintiff, all consequential costs. But it is unnecessary to consider this point further, as the record presents other questions of…
2Cases cited1 opinion
- Allen v. BradfordSupreme Court of Alabama · 1842
3Cited by5 opinions
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Shearer v. BoydSupreme Court of Alabama · 1846
- State Ex Rel. Cooper v. EllisSupreme Court of Alabama · 1924
- Ehlers v. GallagherNebraska Supreme Court · 1946
- Moore v. BellSupreme Court of Alabama · 1848