Camp v. Watt
Supreme Court of Alabama
Error to the County Court of Benton. Motion by the plaintiff in error, against the defendants in •error, sureties of Lunsford Stallings, sheriff of Cherokee, for failing to return an execution of the plaintiff, which is described. The defendants pleaded in abatement of the rule, that at the time the notice to them issued, the sheriff was dead. The plaintiff demurred to this plea, which was overruled by the court, and judgment rendered for the defendants.
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Error to the County Court of Benton. Motion by the plaintiff in error, against the defendants in •error, sureties of Lunsford Stallings, sheriff of Cherokee, for failing to return an execution of the plaintiff, which is described. The defendants pleaded in abatement of the rule, that at the time the notice to them issued, the sheriff was dead. The plaintiff demurred to this plea, which was overruled by the court, and judgment rendered for the defendants. This is now assigned as error. 1. Although prior to the act of 9th January, 1841, a judgment could not be obtained in a summary mode, for…
1Opinion of the CourtCollier, C. J.
The first section of the act of 1841, “ more effectually to enforce the performance of the duties of sheriffs in certain cases,” provides, that “ where a rule or notice shall issue against any late or acting sheriff, and his securities in office, in any case now authorized by law, it *618shall be competent for the plaintiff in such rule or notice, to recover judgment against such of the parties as service may have been effected on.” Clay’s Dig. 536, $ 14. Under the statute of 1826, it was decided, that in summary proceedings against the securities of a sheriff, the sheriff is a necessary party;…
2Cases cited4 opinions
- Orr v. DuvallSupreme Court of Alabama · 1840
- Robertson v. CokerSupreme Court of Alabama · 1847
- James v. AuldSupreme Court of Alabama · 1846
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1843