Matthews v. Williams
Supreme Court of Florida
Appeal from an order of tlae Circuit Court for Marion County. The Sheriff, appellant, was required by a rule in open court to report what action had been taken by him upon an execution issued upon a judgment rendered in favor of Lloyd W. Williams against Sarah M. Pearson, administratrix of the estate of John W. Pearson.
Read the full summary
Appeal from an order of tlae Circuit Court for Marion County. The Sheriff, appellant, was required by a rule in open court to report what action had been taken by him upon an execution issued upon a judgment rendered in favor of Lloyd W. Williams against Sarah M. Pearson, administratrix of the estate of John W. Pearson. The sheriff in obedience to the rule makes report to the court that he had collected the sum of $324.14 proceeds of sale of lands of the estate of John W. Pearson, levied upon by an execution in favor of Lloyd W. Williams, and another execution in favor of Newell Harmon and…
1Opinion of the CourtEandall, C. J.
A plaintiff in execution may, after money has been made upon it, recover it of the sheriff by a summary application to the court, or by action. Tidd’s Pr., 933; 1 Archbold’s Pr., 263, and authorities cited. And in New York the sheriff was held bound to pay over the money to the plaintiff without a previous demand upon him, or to have paid it into court, and the court granted a rule that the sheriff forthwith pay over to the plaintiff the amount levied on the execution, together with costs of the application, or that an attachment issue against him. Brewster vs. Van Ness, 18 Johns., 133; see…
2Cases cited3 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Brewster v. Van NessNew York Supreme Court · 1820
- Camp v. McCormickCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- Bridier v. BurnsSupreme Court of Florida · 1941
- Maxwell v. Jacksonville Loan & Improvement Co.Supreme Court of Florida · 1903
- M. C. Kiser Co. v. RussSupreme Court of Florida · 1932