Spyker v. Spence
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega. This was an action of trespass, at the suit of the plaintiff in error, to recover damages of the defendant, for taking possession of the storehouse and goods of the former. The defendant pleaded “ not guilty,” and several special pleas, justifying the trespasses charged, as sheriff, in virtue of a writ of fieri facias, &c.
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Writ of error to the Circuit Court of Talladega. This was an action of trespass, at the suit of the plaintiff in error, to recover damages of the defendant, for taking possession of the storehouse and goods of the former. The defendant pleaded “ not guilty,” and several special pleas, justifying the trespasses charged, as sheriff, in virtue of a writ of fieri facias, &c. The cause was tried by a jury, who returned a verdict in favor of the defendant, and judgment was rendered accordingly. On the trial, the plaintiff excepted to the ruling of the Court. It is shown by the bill of exceptions,…
1Opinion of the CourtCollier, C. J.
The act of 1807 declares, that no fieri fa-cias, or other writ of execution shall bind the property of the goods against which the same is sued forth, but from the time such writ shall be delivered to the sheriff, áre. to be executed. [Clay’s Dig. 208, § 41.] Under this statute it has' been held, that the lien attaches as soon as the execution is received, upon the personal property of the debtor within the county, and it will bind goods that may be brought within its influence, while it continues operative. [Hester, et al. v. Keith & Kelly, 1 Ala. Rep. N. S. 316; Wood v. Gary, et al. 5 Id.…
2Cases cited2 opinions
- Lucas v. Doe ex dem PriceSupreme Court of Alabama · 1843
- Hill v. SlaughterSupreme Court of Alabama · 1845
3Cited by6 opinions
- Montgomery B. & T. Co. v. WalkerSupreme Court of Alabama · 1913
- Brush Electric Light & Power Co. v. City CouncilSupreme Court of Alabama · 1896
- State v. WeaverSupreme Court of Alabama · 1850
- Henry & Co. v. Northern BankSupreme Court of Alabama · 1879
- First National Bank v. HenrySupreme Court of Alabama · 1905
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