McRae v. Colclough
Supreme Court of Alabama
This was a summary proceeding in the Circuit Court of Pike, at the suit of the defendant in error, against Duncan McRae, as sheriff of Barbour, and his co-plaintiffs, (sureties in his official bond.) The notice, which was the first process in the cause, is in these words, .viz: “ The State of Mab ama — Pike County — To Duncan Mc-Rae, Sheriff of the County of Barbour. — You are hereby notified, that during the term of the Circuit Court, holden for said county of Pike, on the…
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This was a summary proceeding in the Circuit Court of Pike, at the suit of the defendant in error, against Duncan McRae, as sheriff of Barbour, and his co-plaintiffs, (sureties in his official bond.) The notice, which was the first process in the cause, is in these words, .viz: “ The State of Mab ama — Pike County — To Duncan Mc-Rae, Sheriff of the County of Barbour. — You are hereby notified, that during the term of the Circuit Court, holden for said county of Pike, on the second Monday in March, 1840,1 shall move the said Court for judgment against you, and your securities, for the faithful…
1Opinion of the CourtCollier, C. J.
1, 3. — In Hill v. The State Bank, 5 Porter’s Rep. 537,it was held that in a summary proceeding against a sheriff for a failure to return.an execution, the notice should indicate by its terms, whether the judgment sought to be recovered, was such as is authorized by the act of 1807, or by that of 1819. That the liability, imposed by these statutes for such a default being different, and under each highly penal, it was the duty of the plaintiff to inform the defendant under which he would proceed; and that the want of particularity in that respect was fatal to the judgment.
The notice in the…
2Cited by13 opinions
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- Samples v. WalkerSupreme Court of Alabama · 1846
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