Bondurant v. Buford
Supreme Court of Alabama
THE defendant in error, having given notice in due form, of his intention to move for judgment against the plaintiffs, for the amount of an execution against Samuel Pickering, theretofore collected by James M. Bondurant, as sheriff of Marengo, together with interest and damages, therupon submitted a motion to the County Court of that county, in pursuance of the notice.
Read the full summary
THE defendant in error, having given notice in due form, of his intention to move for judgment against the plaintiffs, for the amount of an execution against Samuel Pickering, theretofore collected by James M. Bondurant, as sheriff of Marengo, together with interest and damages, therupon submitted a motion to the County Court of that county, in pursuance of the notice. On the trial of the motion, the parties made a case for the decision of the County Court, in which it was agreed that an execution issued from that court, on the 3d day of July, 1838, at the suit of the defendant in error,…
1Opinion of the CourtCollier, C. J.
— The only question raised at the argument is this: has a person whose constitutional term of office as sheriff has expired, and who has been superseded by the election and qualification of a successor, the right to receive money on an execution, merely because it was placed in his hands for collection, previous to the expiration of his official term?
By the common law, sheriffs were appointed by the king, durante bene plácito, and were removable by him. When a new sheriff was appointed, and had taken the necessary oaths, &e., the writ de ecconeratio officii issued, which discharged the old…
2Cases cited3 opinions
- Prescott v. WrightMassachusetts Supreme Judicial Court · 1809
- Devoe v. ElliotNew York Supreme Court · 1804
- Barnard v. StevensSupreme Court of Vermont · 1828
3Cited by10 opinions
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Mitchell v. CorbinSupreme Court of Alabama · 1890
- Flournoy v. ClementsSupreme Court of Alabama · 1845
- Patton v. HamnerSupreme Court of Alabama · 1856
5 more not listed; retrieve them via the Exa API.