Garner v. Clay
Supreme Court of Alabama
Debt in the Circuit Court of Limestone county by defendants against plaintiff in error. The writ of capias was returned “Executed 7th October, 1822. James Slaughter, sheriff, by Ruffin-Coleman, deputy sheriff.” Garner plead in abatement that the writ was not executed by the sheriff, or any other lawful officer of said county, and that Slaughter was not, at the date when it purports to have been executed, the sheriff of said county.
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Debt in the Circuit Court of Limestone county by defendants against plaintiff in error. The writ of capias was returned “Executed 7th October, 1822. James Slaughter, sheriff, by Ruffin-Coleman, deputy sheriff.” Garner plead in abatement that the writ was not executed by the sheriff, or any other lawful officer of said county, and that Slaughter was not, at the date when it purports to have been executed, the sheriff of said county. Issue being taken thereon, on the trial it was admitted by the parties that, on the third Monday in September, 1819, James Slaughter was elected sheriff for the…
1Opinion of the Court
JUDGE CRENSHAW.
Theee can be no doubt but it is the election which gives title to the office, and from that period the term of office commences, although the sheriff elect cannot act until he has given bond and qualified according to law. But as between the parties to the suit, (in order that there may not be a chasm in the administration of justice,) we are inclined to recognize the principle that the acts of a sheriff de facto are valid. When the writ was executed, Coleman, by virtue of his election, was entitled to the office, yet Slaughter originally came into the office by a lawful title,…
2Cited by4 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Thrower v. StateSupreme Court of Alabama · 1875
- Thompson v. StateSupreme Court of Alabama · 1852
- Harris' Heirs v. Harris' Adm'rSupreme Court of Alabama · 1867