Hester v. Keith
Supreme Court of Alabama
Wfit of error to the County Court of Tuscaloosa. On the 3d June, 1839, McCown & Conrow, two of the plain* tiffs in error, obtained from the judge of the county court of Tuscaloosa, an order to supercede an execution theretofore issued against their goods and chattels, lands and tenements, by the clerk of that court; they, before the order was to become operative, “first giving bond with good security, in double the amount of the executions” McCown & Conrow, entered into bond…
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Wfit of error to the County Court of Tuscaloosa. On the 3d June, 1839, McCown & Conrow, two of the plain* tiffs in error, obtained from the judge of the county court of Tuscaloosa, an order to supercede an execution theretofore issued against their goods and chattels, lands and tenements, by the clerk of that court; they, before the order was to become operative, “first giving bond with good security, in double the amount of the executions” McCown & Conrow, entered into bond with the plaintiff, Hester, as their surely, with a condition, in these words: “ Now, if the said Alexander McCown (the…
1Opinion of the CourtCollier, C. J.
— The eighth section of the act of 1807, “concerning executions, and for the relief of insolvent debtors,” (Aik. Dig. 165,) enacts that “no writ of fieri facias, or other writ or execution, shall bind the property of the goods, against which such writ issued forth, but from the time such writ shall be delivered to the sheriff, undersheriff, coroner, or other officer, to be executed; and for the better manifestation of said time, such sheriff, coroner, his deputy or agent, shall, upon the receipt of any such writ, without fee for doing the same, endorse upon t'he back thereof the day of the…
2Cited by8 opinions
- Alston v. AlstonSupreme Court of Alabama · 1859
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Healy v. NewtonMichigan Supreme Court · 1893
- McMahan v. GreenSupreme Court of Alabama · 1847
- Munter & Faber v. ReeseSupreme Court of Alabama · 1878
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