Raiford v. Governor
Supreme Court of Alabama
Appeal from the Circuit'Court of Perry. Tried before tbe Hon. Robert Dougherty. This action was founded on the appellant’s official bond as sheriff of Perry county ; the breach assigned being, that said Raiford, as sheriff, sold under execution certain personal property belonging to Alfred Berry, (who was the defendant in execution, and for whose use this suit was brought,) without having it present at the time and place of sale, and thereby caused it to sell for an…
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Appeal from the Circuit'Court of Perry. Tried before tbe Hon. Robert Dougherty. This action was founded on the appellant’s official bond as sheriff of Perry county ; the breach assigned being, that said Raiford, as sheriff, sold under execution certain personal property belonging to Alfred Berry, (who was the defendant in execution, and for whose use this suit was brought,) without having it present at the time and place of sale, and thereby caused it to sell for an inadequate price. The bill of exceptions states, that “ this cause coming on to be tried, the defendant pleaded, among other…
1Opinion of the CourtBice, C. J.
According to the common law, a plea of tender after suit bought was, as a plea, no bar in a court of law. But, as it was just that a defendant, who had not made a tender before action brought, should have an opportunity of satisfying the debt for which an action had been commenced, and of protecting himself from the costs which might accrue subsequent to the time when he availed himself of that opportunity, the practice of giving leave to bring money into court upon the common rule was introduced, for the sake of giving that opportunity and that protection. That rule was seldom granted,…
2Cited by6 opinions
- Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Joshua Jarrett v. United StatesCourt of Appeals for the Sixth Circuit · 2023
- Syson & Co. v. Hieronymus Bros.Supreme Court of Alabama · 1900
- Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
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