Thompson v. Bondurant
Supreme Court of Alabama
Error to the County Court of Marengo. Before the Hon. James A. Young, Judge. An execution issued on the 27th day of May, 1846, in favor of Sarah Thompson, the plaintiff in error, from the orphans’ court of Marengo, against James M. Bondurant, late sheriff of said county, and by virtue of his office, administrator de bonis non of Nicholas Thompson, deceased, on a decree rendered against him, in favor of the plaintiff in error, as one of the distributees, for $272; which…
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Error to the County Court of Marengo. Before the Hon. James A. Young, Judge. An execution issued on the 27th day of May, 1846, in favor of Sarah Thompson, the plaintiff in error, from the orphans’ court of Marengo, against James M. Bondurant, late sheriff of said county, and by virtue of his office, administrator de bonis non of Nicholas Thompson, deceased, on a decree rendered against him, in favor of the plaintiff in error, as one of the distributees, for $272; which decree was rendered on the second day of February, 1846. On the 9th day of July, 1846, the sheriff returned the execution no…
1Opinion of the CourtDargan, J.
The defendants alledged twelve grounds, called pleas in the record, why the execution should be quashed. The plaintiff, by way of demurrer to some, and by motion to strike out others, insisted, that all of them were insufficient to authorize the court to grant the motion. The court decided them all to be insufficient to quash the execution, except the first, second, third, and eleventh pleas ; these were decided to be sufficient in law to quash the writ.
The plaintiff then took issue on the eleventh plea, but not on the first, second, and third. It seems that atrial was had on this issue, and…
2Cases cited2 opinions
- Hosey v. BrasherSupreme Court of Alabama · 1839
- Cawthorn v. KnightSupreme Court of Alabama · 1847
3Cited by9 opinions
- Burnett v. NesmithSupreme Court of Alabama · 1878
- Smith v. JacksonSupreme Court of Alabama · 1876
- Weir v. MonahanMississippi Supreme Court · 1889
- Kirby's Adm'r v. AndersSupreme Court of Alabama · 1855
- Hanna v. PriceSupreme Court of Alabama · 1853
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