Garrett v. Cobb
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before. Hon. Ben D. Turner. Petition by Z. T. Cobb for mandamus against S. C. Garrett, as sheriff, to require him to return a certain replevy bond as forfeited, or else show cause why he could not do so. From an order granting the writ respondent appeals.
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Appeal from Clarke Circuit Court. Heard before. Hon. Ben D. Turner. Petition by Z. T. Cobb for mandamus against S. C. Garrett, as sheriff, to require him to return a certain replevy bond as forfeited, or else show cause why he could not do so. From an order granting the writ respondent appeals. The petition shows that petitioner was sued in the circuit court of Barbour county in detinue for certain personal property, which was described, and that a writ was issued, and under said writ the sheriff seized the property, and that plaintiff in detinue, Frank M. Ladd & Co., executed a plaintiff’s…
1Opinion of the Court
Sayre, J.(1) The alternative writ in mandamus is not process merely, but both process and pleading. — Longshore v. State, ex rel. Turner, 137 Ala. 636, 34 South. 684. Section 4864 of the Code provides that “any of the pleadings in such proceedings may be amended as often as occasion may require to attain the ends of justice.”(2) Assuming that the writ in this case was amended so as to leave with respondent the alternative of returning the bond forfeited or showing cause why it should not be so, instead of commanding him to show cause why the bond had not been forfeited, as perhaps the…
2Cases cited2 opinions
- Longshore v. State ex rel. TurnerSupreme Court of Alabama · 1902
- Cooper & Co. v. DavisSupreme Court of Alabama · 1889
3Cited by13 opinions
- Gainer v. Board of Education of Jefferson CountySupreme Court of Alabama · 1948
- Kendrick v. State Ex Rel. ShoemakerSupreme Court of Alabama · 1951
- Fountain v. State Ex Rel. HybartSupreme Court of Alabama · 1924
- Wilson v. BrownSupreme Court of Alabama · 1941
- Ex Parte MilnerSupreme Court of Alabama · 1948
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