Johnson v. McLaughlin
Supreme Court of Alabama
Error to the Circuit Court'of Perry. This was a motion at the suit of the plaintiffs in error, against the defendant, McLaughlin, as sheriff of Perry, and the sureties in his official bond, for the failure to return a writ of execution in the nature of a venditioni exponas.
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Error to the Circuit Court'of Perry. This was a motion at the suit of the plaintiffs in error, against the defendant, McLaughlin, as sheriff of Perry, and the sureties in his official bond, for the failure to return a writ of execution in the nature of a venditioni exponas. The judgment upon which the process was founded, was recovered in the County Court, by the plaintiff, against McLaughlin, ex officio administrator de bonis non of George Y- W. Farrer, for the sum of $680 66, damages, besides costs; and the venditioni exponas was placed in the hands of McLaughlin on the 14th February, 1840,…
1Opinion of the CourtCollier, C. J.
The first question to which our attention has been directed is this, was the execution in respect to which the sheriff is charged with a default, properly directed to him, and was he bound, or even authorized, to obey its mandate ? The sheriff is the usual executive officer for the service of process, issuing from courts of record, and where he is competent, it should be addressed generally “ to any sheriff of the State,” &c. [Clay’s Dig. 199, § 1; 336, § 132.] And “ when any process shall issue, which shall be required to be served or executed by the coroner, the same shall be directed ‘…
2Cases cited6 opinions
- Inhabitants of Brewer v. Inhabitants of New GloucesterMassachusetts Supreme Judicial Court · 1817
- Sewall v. Bates' adm'rsSupreme Court of Alabama · 1830
- Inhabitants of the First Parish in Sutton v. ColeMassachusetts Supreme Judicial Court · 1811
- Pope v. StoutSupreme Court of Alabama · 1828
- Adamson v. ParkerSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Diggs v. StateSupreme Court of Alabama · 1873
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Wagnon v. TurnerSupreme Court of Alabama · 1882
- Dane v. GilmoreSupreme Judicial Court of Maine · 1863