Harrell v. Martin, Pleasants & Co.
Supreme Court of Alabama
Weit of Error to the Circuit Court of Madison. This was a motion to quash a writ of fi. fa. sued out by Martin, Pleasants & Co. against Harrell and Jarman, on the 23d September, 1841, and made returnable to the Court to be held on the 4th Monday of April then next.
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Weit of Error to the Circuit Court of Madison. This was a motion to quash a writ of fi. fa. sued out by Martin, Pleasants & Co. against Harrell and Jarman, on the 23d September, 1841, and made returnable to the Court to be held on the 4th Monday of April then next. The Court refused to quash the writ, and the defendants in execution prosecute this writ of error, and assign the refusal as a cause for reversal. insisted that the execution was irregular, as it should have been made returnable to the next succeeding term, which by law was the fourth Monday of October, instead of April, and cited…
1Opinion of the CourtGoldthwaite, J.
The only statute that prescribes when and hów executions shall be made returnable was passed in 1807. This directs that executions “shall be made returnable to the first day of the next succeeding term, so that there be always at least fifteen days between the teste and return of each of said writs. Provided, That if the plaintiff shall desire an execution to issue returnable at a farther day, the Clerk shall issue the same accordingly, so as the day of such return be upon a Court day, within ninety days next after the teste thereof.” [Dig. 257, §1.]
The provisions of this enactment are…
2Cited by1 opinion
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