Kyle v. Evans
Supreme Court of Alabama
Error to the Circuit Court of Pike. THE proceeding in this and forty-two other cases, which by agreement, are to abide the event of this, were motions before Jefferson Buford, a justice of the peace for Pike county, for failing to return executions received by him.
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Error to the Circuit Court of Pike. THE proceeding in this and forty-two other cases, which by agreement, are to abide the event of this, were motions before Jefferson Buford, a justice of the peace for Pike county, for failing to return executions received by him. The justice having rendered judgments against the constable.and his sureties, they prosecuted appeals to the Circuit Court of Pike, and the parties having submitted the cause to a jury, a verdict and judgment was rendered against ihe constable and his sureties, from which this writ of error -is prosecuted. From-a bill of exceptions…
1Opinion of the CourtOrmond, J.
The amount in controversy, as we'll as the principle which must govern it, and'the frequency of the occurrence of the question, gives to this case considerable importance. ■ 1 1
' Judicial power must be exercised by the person in'whom the-trust is reposed, but acts merely ministerial in- their character, may“be.performed by deputy. It becomes-necessary;-' therefore, to consider in what capacity a justice of-the-peace acts in issuing an execution. The issuance of an execution upon a judgment, is an act purely ministerial in its character, it involves no process of reasoning or deduction from…
2Cases cited4 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Gold v. BissellNew York Supreme Court · 1828
- Toof v. BentlyNew York Supreme Court · 1830
- Huff v. CampbellSupreme Court of Alabama · 1828
3Cited by3 opinions
- Atkins v. SiddonsSupreme Court of Alabama · 1880
- State ex rel. Turner v. BradleySupreme Court of Alabama · 1901
- Hudson v. ModawellSupreme Court of Alabama · 1879