State ex rel. Bryan v. McDuffie
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. A capias, issued from the county court, having been placed in the hands of Bryan, sheriff of the county, and returned “ non esf,” the county solicitor, after giving the sheriff due notice, moved the county court (Hon. J. V. McDueeie, probate judge, presiding) for judgment in the name of the State, for the use of the county, against the sheriff, to recover of him a fine of one hundred dollars for his…
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Appeal from Circuit Court of Lowndes. Tried before Hon. James Q. Smith. A capias, issued from the county court, having been placed in the hands of Bryan, sheriff of the county, and returned “ non esf,” the county solicitor, after giving the sheriff due notice, moved the county court (Hon. J. V. McDueeie, probate judge, presiding) for judgment in the name of the State, for the use of the county, against the sheriff, to recover of him a fine of one hundred dollars for his failure, from want of due diligence, to execute the warrant of arrest. The sheriff demurred to the jurisdiction of the court…
1Opinion of the CourtJudge, J.
We think it clear that the county court had no jurisdiction of the proceeding against the relator, as the jurisdiction of that court is confined by statute to the trial of misdemeanors only.
The proceeding seems to have been instituted under section 4167 of the Revised Code, which provides that “ any sheriff who fails to execute a writ of arrest, from the want of due diligence, to be determined by the court, may be fined one hundred dollars, or less, on one day’s- notice; and if such fine is not paid, may be imprisoned in the county jail for not more than two months.”
The following facts, we…
2Cases cited1 opinion
- Ex parte GreeneSupreme Court of Alabama · 1856
3Cited by4 opinions
- Roberts v. BrightSupreme Court of Alabama · 1931
- Chesapeake & Ohio Railway Co. v. HarmonCourt of Appeals of Kentucky · 1914
- State Ex Rel. Holcombe v. StoneSupreme Court of Alabama · 1936
- State ex rel. Miller v. HermannSupreme Court of Alabama · 1909