Kennedy v. Smith
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Tx-ios. M. Arrington. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Montgomery. Tried before the Hon. Tx-ios. M. Arrington. The facts of the case are sufficiently stated in the opinion. The claim of exemption was defective, and the sheriff should have regarded it as a nullity and sold the property thereunder. — Code of 1886, §§ 2526, 2583; Myers v. Conway, 90 Ala. 109; Tons-mere v. Buckland, 88 Aia. 312; Ex parte Redd, 73 Ala. 548; Ex parte Barnes, 84 Ala. 540. cited Daniels v. Hamilton, 52 Ala. 105; Bloch v. Bragg, 68 Ala. 291; Alley v'. Daniel, 75 Ala. 403; Ex parte Haralson, 75 Ala. 543; Abbott v. Gillespy, 75 Ala. 180; Code…
1Opinion of the CourtThorington, J.
This is a summary proceeding under the statute, instituted by appellant against appellee, and the sureties on his official bond, as sheriff of Jefferson county; the grounds of the motion being that appellee, Smith, as such sheriff, failed to make the money on an execution in his hands in favor of appellant against one W. M. Nalls, which by due diligence he could have made.
Appellant’s attorneys, on placing the execution in the hands of the sheriff, required him to levy the same on certain machinery in Jefferson county as the property of said Nalls. The property being claimed by a third party,…
2Cases cited3 opinions
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Block v. BraggSupreme Court of Alabama · 1880
- Mathis v. CarpenterSupreme Court of Alabama · 1891
3Cited by14 opinions
- Hall & Farley, Trustees v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1904
- Walker v. Williams & Bouler Construction CompanyCourt of Civil Appeals of Alabama · 1970
- Johnson v. CollierSupreme Court of Alabama · 1909
- Ex Parte AverySupreme Court of Alabama · 1987
- Avery v. East Alabama Medical CenterCourt of Civil Appeals of Alabama · 1985
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