Wood v. Gary
Supreme Court of Alabama
We.it of Error to the Circuit Cou of Sumter. This was a proceeding by notice and. motion under the statute, by the plaintiff in error against Gary, as the sheriff of Sumter, and the other defendants as his sureties. The case was commenced in the County Court, and transferred from thence to the Circuit Court, because, as it is alleged, the judge of that court was interested.
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We.it of Error to the Circuit Cou of Sumter. This was a proceeding by notice and. motion under the statute, by the plaintiff in error against Gary, as the sheriff of Sumter, and the other defendants as his sureties. The case was commenced in the County Court, and transferred from thence to the Circuit Court, because, as it is alleged, the judge of that court was interested. The default charged, is the failure of the sheriff to pay on demand to the platintiff’s attorney, the amount collected on an execution issued upon a judgment for twenty-five hundred and forty 89-100 dollars damages, and…
1Opinion of the CourtCollier, C. J.
1. The judgment of the Circuit Court in effect determines, that the plaintiff is not entitled to recover of the defendants any part of his execution, though there was an excess in the sheriff’s hands, after satisfying th efi. fas. hi favor of Miss Dillard, to which the record does not show that there was an adverse claimant. This is clearly erroneous, and can be accounted for, only by supposing that in litigating the question of priority between the different executions, the amount to be appropriated to their payment was entirely overlooked. Conceding that Miss Dillard was entitled to a prior…
2Cases cited8 opinions
- Russell v. GibbsNew York Supreme Court · 1826
- Beardsley v. MaynardNew York Supreme Court · 1830
- Kellogg v. GriffinNew York Supreme Court · 1820
- Benjamin v. SmithNew York Supreme Court · 1830
- Doty v. TurnerNew York Supreme Court · 1811
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pulliam v. OsborneSupreme Court of the United States · 1855
- Dargan v. WaringSupreme Court of Alabama · 1847
- Mathews v. Mobile Mutual InsuranceSupreme Court of Alabama · 1883
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Hobson v. Kissam & Co.Supreme Court of Alabama · 1845
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