Shepherd v. Nabors
Supreme Court of Alabama
We.tt of error to the Circuit Court of Pickens. This was an action of trover by the plaintiffs in error, against the defendant, to recover damages for the conversion of a female slave named Silvey. The defendant pleaded, 1. Not guilty. — ■ 2. That he was sheriff of Pickens county, and as such, received two writs offieri facias, (which are set out in extenso) with the indorsements and returns thereon; these executions are against the goods and chattels, &c. of John Shepherd.
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We.tt of error to the Circuit Court of Pickens. This was an action of trover by the plaintiffs in error, against the defendant, to recover damages for the conversion of a female slave named Silvey. The defendant pleaded, 1. Not guilty. — ■ 2. That he was sheriff of Pickens county, and as such, received two writs offieri facias, (which are set out in extenso) with the indorsements and returns thereon; these executions are against the goods and chattels, &c. of John Shepherd. From the returns, it appears that they were levied on the third of August, 1841, on a negro woman named Silvey, who was…
1Opinion of the CourtCollier, C. J.
In Savacool v. Boughton, [5 Wend. Rep. 170,] it was declared to be a settled rule of the common law, that a mere ministerial officer, who executes the process of the court having jurisdiction of the matter, and authorised to issue such process in general, or in certain specified cases, is protected in the execution of such process, if it is regular on its face, and apparently within the jurisdiction of the court issuing it. This-case was re'viewed by the court of errors; in Parker v. Walrod, [16 Wend. Rep. 514,] and is regarded as a most satisfactory exposition of the law. It is there…
2Cases cited6 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Darby's Lessee v. MayerSupreme Court of the United States · 1825
- Parker v. WalrodCourt for the Trial of Impeachments and Correction of Errors · 1836
- Armstrong v. LearSupreme Court of the United States · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Sharp v. HallSupreme Court of Alabama · 1888
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- Daniel v. HillSupreme Court of Alabama · 1875
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
29 more not listed; retrieve them via the Exa API.