Abercrombie's Adm'r v. Chandler
Supreme Court of Alabama
Error to Perry Circuit Court. This was a motion by the administrators of Abercrombie, against the sheriff of Perry county, suggesting that by due diligence he could have made the moneí^ on an execution issued upon a judgment of their intestate, against one Thomas Billingsley.
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Error to Perry Circuit Court. This was a motion by the administrators of Abercrombie, against the sheriff of Perry county, suggesting that by due diligence he could have made the moneí^ on an execution issued upon a judgment of their intestate, against one Thomas Billingsley. The sheriff,-for answer to the suggestion pleaded, that Billingsley had paid off and discharged the debt to the intestate in his lifetime, and had taken his receipt therefor, which he avers was the genuine receipt of the deceased. He further pleaded not guilty, The plaintiff demurred to the first, and took issue on the…
1Opinion of the CourtOrmond, J.
The plea in this case, or replication to the suggestion, as it is called in the record, is clearly bad. The *626duty of the sheriff is to execute all writs placed in his hands, without inquiry into the regularity of the proceedings on which they are founded. Although the process in his hands be voidable, or erroneous, he is nevertheless bound to execute it. He is only excused from doing so, when the process is absolutely void, as was the case in Holloway v. Johnson, 7 Ala. Rep. 660; Watson on Sheriff, 53; Watson v. Watson, 9 Conn. 141; Parmlee v. Hitchcock, 12 Wendell, 96.
The facts in this case…
2Cases cited3 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Parmelee v. HitchcockNew York Supreme Court · 1834
- Holloway v. JohnsonSupreme Court of Alabama · 1845
3Cited by2 opinions
- Aultman, Miller & Co. v. McGradySupreme Court of Iowa · 1882
- Portis v. EnnisTexas Supreme Court · 1864