Newcomb Bros. Wall Paper Co. v. Wiggins
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Osceola Kyle, Judge. Action by the Newcomb Bros. Wall Paper Company against James H. Wiggins as sheriff, for failure to execute process and to seize property subject thereto. Transferred from the Court of App'eals under section 6, p. 449, Act of April 18, 1911. Judgment for defendant and plaintiff appeals. 'jChe facts sufficiently appear.
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Appeal from Circuit Court, Morgan County; Osceola Kyle, Judge. Action by the Newcomb Bros. Wall Paper Company against James H. Wiggins as sheriff, for failure to execute process and to seize property subject thereto. Transferred from the Court of App'eals under section 6, p. 449, Act of April 18, 1911. Judgment for defendant and plaintiff appeals. 'jChe facts sufficiently appear. The following are the charges given for defendant: (I) You cannot find for plaintiff for the value of any property that was subject to the writs because of the failure to search for the property, unless you are…
1Opinion of the CourtMayfield, J.
This is an action by appellant, a plaintiff in judgment against appellee, a sheriff, for failure to make money on an execution and failure to properly and promptly execute a writ of seizure which came into his hands as such officer.
[1] In actions like this the sheriff is held to the duty of exercising due diligence. Hallett v. Lee, 3 Ala. 28. The sheriff is under no duty to make a levy unless the defendant in the writ owns, or at least is in possession of, the property legally subject to be levied on, and which by the exercise of due diligence the sheriff can find. Unless there be property…
2Cases cited8 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Wilson v. BrownSupreme Court of Alabama · 1877
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Smith v. HeinemanSupreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cox v. CoxSupreme Court of Alabama · 1958
- Jaffe v. LeathermanSupreme Court of Alabama · 1933