Garey v. Hines
Supreme Court of Alabama
Error to the County Court of Sumter. This was a motion against the plaintiff in error, as sheriff of Sumter, for failing to make the money on an execution of the defendant in error.
Read the full summary
Error to the County Court of Sumter. This was a motion against the plaintiff in error, as sheriff of Sumter, for failing to make the money on an execution of the defendant in error. The parties having gone to trial on an issue, it appears from the bill of exceptions found in the record, that the execution which came to the sheriff’s hands, was a fieri facias, issued upon a judgment obtained in a suit commenced by original attachment, which was levied on a number of slaves, of value more than sufficient to pay the debt, and an endorsement of this fact was made upon the fi. fa., and of the…
1Opinion of the CourtOsmond, J.
The attachment law of 1837, [Clay’s Dig. 61, § 33,] evidently contemplated, that the property levied on should continue in specie for the satisfaction of the judgment when obtained, but it does not follow, that the plaintiff in attachment can not resort to other property of the defendant for the satisfaction of the judgment. That an ordinary Ji. fa. may be issued in such a case, is expressly provided by statute ; [Clay’s Dig. 62, § 35,] — ■ « that where judgment shall be rendered, execution may be issued in the usual way, which shall be first levied on the property attached, if to be had, and…
2Cited by3 opinions
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Dryer v. GrahamSupreme Court of Alabama · 1877
- Autry v. WaltersSupreme Court of Alabama · 1871