Haden v. Walker
Supreme Court of Alabama
WRIT of Error to the Circuit Court of Macon. From the record hr this cause it appears that the defendant in error, was plaintiff in a judgment recovered in the Circuit Court against the plaintiffs in error, and that the former moved that court, to allow the sheriff to amend a return made on a fieri facias, issued thereupon the 24th of February, 1841. The amendment proposed, was to strike out a return in these words, viz: “The defendants in this case have settled with…
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WRIT of Error to the Circuit Court of Macon. From the record hr this cause it appears that the defendant in error, was plaintiff in a judgment recovered in the Circuit Court against the plaintiffs in error, and that the former moved that court, to allow the sheriff to amend a return made on a fieri facias, issued thereupon the 24th of February, 1841. The amendment proposed, was to strike out a return in these words, viz: “The defendants in this case have settled with plaintiff’s attorney, as per order of game — costs and commissions paid to sheriff — W. Fitzpatrick, sheriff •” and substitute…
1Opinion of the CourtCollier, C. J.
1. It has been so often adjudged, as to have *88become a settled principle, if the sheriff take goods in execution under a fieri facias, of sufficient value to satisfy the same, the debtor is discharged from all liability to satisfy the judgment; and this whether the goods be sold or not; but the sheriff’becomes responsible to the creditor in virtue of the seizure. The reason, so far as the debtor is concerned, is, that he has been deprived of his property. Webb v. Bumpass, [9 Porter’s Rep. 201,] declares this to be the law, and states further, where the goods levied on, are removed by the…
2Cited by5 opinions
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- Casky v. Haviland, Risley & Co.Supreme Court of Alabama · 1848
- Eslava v. FarleySupreme Court of Alabama · 1882
- Ex parte RandallSupreme Court of Alabama · 1906
- Branch Bank at Mobile v. FordSupreme Court of Alabama · 1848