Niolin v. Hamner
Supreme Court of Alabama
Eeeoe to the Circuit Court of Wilcox. Tried before the Hon. Ezekiel Pickets. This was a proceeding by way of rule or motion in the court below, against the defendant in error as sheriff of Wilcox county, for failing to pay over money alleged to have been collected by him on an execution in his hands in favor of the plaintiff in error against one Williams.
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Eeeoe to the Circuit Court of Wilcox. Tried before the Hon. Ezekiel Pickets. This was a proceeding by way of rule or motion in the court below, against the defendant in error as sheriff of Wilcox county, for failing to pay over money alleged to have been collected by him on an execution in his hands in favor of the plaintiff in error against one Williams. The defendant acknowledged service of the notice of said motion, and appeared in court, and moved for leave to amend his return on said execution; the court granted him leave, and he accordingly amended his return on the execution above…
1Opinion of the CourtGrIBBONS, J.
The cases of Hodges et al. v. Laird, 10 Ala. 678, and Grovernor, &c., v. Bancroft et al., 16 Ala. 605, are entirely decisive of the question as to the power of the court to permit the sheriff to amend his return; and such amended return, when made, relates back to the date of the original return, and is in all respects substituted for it. After the return of the sheriff in the present case was amended, then the plaintiff had no evidence from it upon which to base his motion. He was proceeding upon a rule against the sheriff for not paying over money collected on an execution, when the return…
2Cases cited3 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Governor v. BancroftSupreme Court of Alabama · 1849
- Hodges v. LairdSupreme Court of Alabama · 1846
3Cited by7 opinions
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Daniels v. HamiltonSupreme Court of Alabama · 1875
- McCorkle v. McElweySupreme Court of Alabama · 1991
- Jeffries v. RudloffSupreme Court of Iowa · 1887
- Jaffe v. LeathermanSupreme Court of Alabama · 1933
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