Wilson v. Auld
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. It appears from the record in this case, that the plaintiff recovered a judgment against the defendant, in his representative character, and that an execution issued .thereon, addressed “ to any sheriff,” &c., requiring to be made the amount, &c., adjudged to the plaintiff, of the goods and chattels of the testator in the defendant’s hands, to be administered, &c.
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Writ of Error to the County Court of Mobile. It appears from the record in this case, that the plaintiff recovered a judgment against the defendant, in his representative character, and that an execution issued .thereon, addressed “ to any sheriff,” &c., requiring to be made the amount, &c., adjudged to the plaintiff, of the goods and chattels of the testator in the defendant’s hands, to be administered, &c. This execution appears by the indorsement thereon, to have been received by the sheriff of Mobile, who returned the same “ no property found,” &c. In the transcript there is an order in…
1Opinion of the CourtCollier, C. J.
— The execution in question is regular on its face, and there is nothing to show that it was addressed to, or executed by, an improper officer. If the sheriff had an interest that disqualified him from acting in the casé, the.party objecting to the irregularity of the proceeding, should' have caused the fact to be stated affirmatively on the record. The general reasons stated in the motion to quash, viz: irregularity, and the direction to an officer legally incompetent, are mere conclusions of law, without any affirmation of fact on which they can rest. The judgment of the Court is at most a…
2Cases cited1 opinion
- Burns v. StateSupreme Court of Alabama · 1843