Wilson v. Strobach
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John D. Cunningham. This was a motion made by John Wilson, in the City Court of Montgomery, against Paul Strobach and the sureties on his official bond, to recover a judgment of seven hundred and ninety-four dollars and costs, for the failure of the said Strobach, as sheriff of Montgomery county, to make the money on an execution issued on a judgment obtained by the plaintiff against B. W. Ramsey, at the…
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Appeal from the City Court of Montgomery. Tried before the Hon. John D. Cunningham. This was a motion made by John Wilson, in the City Court of Montgomery, against Paul Strobach and the sureties on his official bond, to recover a judgment of seven hundred and ninety-four dollars and costs, for the failure of the said Strobach, as sheriff of Montgomery county, to make the money on an execution issued on a judgment obtained by the plaintiff against B. W. Ramsey, at the February term, 1874, of the City Court of Montgomery. At the trial, after the plaintiff had read the motion and notice of the…
1Opinion of the Court
BRICKELL, C. J.—
It is settled by repeated decisions;of *492this court, that a sheriff may, by leave of the court, during the pendency of a suit or motion against him, amend his return or process, though the amendment if true, will relieve him from liability.—Niolin v. Hamner, 22 Ala. 578; Governor v. Bancroft, 16 Ala. 605; Leavitt v. Smith, 14 Ala. 279; Hodges v. Leaird, 10 Ala. 678. A return of a ministerial officer, is the officer’s answer to the mandate of the process, disclosing its execution, or the reason for not executing it. If it is of non-execution, it may properly embrace any legal…
2Cases cited8 opinions
- Winston v. EwingSupreme Court of Alabama · 1840
- Andrews v. KeithSupreme Court of Alabama · 1859
- Governor v. BancroftSupreme Court of Alabama · 1849
- Moore & Co. v. SampleSupreme Court of Alabama · 1842
- Hodges v. LairdSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Nelson v. MurfeeSupreme Court of Alabama · 1881
- Thorn v. KempSupreme Court of Alabama · 1893
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Jarrell v. PayneSupreme Court of Alabama · 1884
13 more not listed; retrieve them via the Exa API.