Anderson v. Bright
Supreme Court of Alabama
Error to the County Court of Marengo. Rule by the defendants in error, against the plaintiffs in error, sureties of one Curry, sheriff of Marengo county, suggesting, that by due diligence he could have made the money on an execution against one Price, for $1,927, besides costs, which was delivered to the sheriff on the 29th June, 1839, and returnable on the second Monday of November, 1839. The defendants offered in evidence, the record of a suit in favor of one Minor…
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Error to the County Court of Marengo. Rule by the defendants in error, against the plaintiffs in error, sureties of one Curry, sheriff of Marengo county, suggesting, that by due diligence he could have made the money on an execution against one Price, for $1,927, besides costs, which was delivered to the sheriff on the 29th June, 1839, and returnable on the second Monday of November, 1839. The defendants offered in evidence, the record of a suit in favor of one Minor Woolley, against Curry as sheriff, and his sureties, from which it appeared, that an execution in favor of Woolley against…
1Opinion of the CourtOrmond, J.
The decision of the question made upon this record, turns upon the efficacy, and binding force, of the judgment against the sheriff, upon the rule instituted against him by Woolley. On the part of the plaintiffs in error, it is insisted, that it is an adjudication of the fact, that the property of Price liable to the satisfaction of the several executions in his hands, was only of the value of $818 66 ; and that as this adjudication was made upon an execution, which from the fact of its having come to the sheriff’s hands, before that of the defendants in error, and was therefore entitled to…
2Cases cited2 opinions
- Bell v. KingSupreme Court of Alabama · 1838
- Gary v. HathawaySupreme Court of Alabama · 1844