Godbold v. Planters' & Merchants' Bank of Mobile
Supreme Court of Alabama
WRIT of Error to the County Court of Mobile. This was a proceeding under the statute, by notice and motion against the Sheriff of Monroe and his sureties, for the failure of the former to return a writ of fieri facias, which had issued from the County Court of Mobile, and been placed in his hands, against the goods and chattels, lands and tenements, of Cornelius D. Tobin, L. J. Moore, Nathan Jenkins, and J. R. Moore, for the sum of $977 14-100, besides $17 06-100 costs.
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WRIT of Error to the County Court of Mobile. This was a proceeding under the statute, by notice and motion against the Sheriff of Monroe and his sureties, for the failure of the former to return a writ of fieri facias, which had issued from the County Court of Mobile, and been placed in his hands, against the goods and chattels, lands and tenements, of Cornelius D. Tobin, L. J. Moore, Nathan Jenkins, and J. R. Moore, for the sum of $977 14-100, besides $17 06-100 costs. In the notice found in the transcript, the times of the test and return of the execution are particularly stated, also its…
1Opinion of the CourtCollier, C. J.
1. It cannot be objected to the notice that it informed the defendants below, a judgment would be moved for against them, for the amount of the judgment recovered by the Bank against Tobin, &c. instead of the execution; for if, (as has been repeatedly adjudged,) the failure of a Sheriff to return a fieri facias, subjects himself and sureties to a recovery equal to its amount, their liability is quite as extensive as the notice sought to enforce. The substitution of the term “judgment,” for “ execution,” can exert no prejudicial influence, and the proceeding must be considered as having been…
2Cited by4 opinions
- Hamilton v. WardTexas Supreme Court · 1849
- Landreth's Adm'r v. Landreth's DistributeesSupreme Court of Alabama · 1846
- McCall v. McRaeSupreme Court of Alabama · 1846
- Woodson v. StateSupreme Court of Alabama · 1910