Hill v. Slaughter
Supreme Court of Alabama
Writ of error to the Circuit Court of Macon. This was a motion against the sheriff of Tallapoosa, for the failure to pay over money collected on a fieri facias. The following facts were agreed, viz: The execution in favor of the plaintiff was issued from the Circuit Court of Macon, in December, 1842, upon a judgment recovered against Fitzpatrick and Mims, for the sum of $2,062 77, and costs.
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Writ of error to the Circuit Court of Macon. This was a motion against the sheriff of Tallapoosa, for the failure to pay over money collected on a fieri facias. The following facts were agreed, viz: The execution in favor of the plaintiff was issued from the Circuit Court of Macon, in December, 1842, upon a judgment recovered against Fitzpatrick and Mims, for the sum of $2,062 77, and costs. An execution was sued out soon after the rendition of the judgment, but the lapse of a term intervened, after its return, before the fi.fa. in question issued. This latter execution was placed in the…
1Opinion of the CourtCollier, C. J.
— In Brown & Milton v. Baker, Sprouls & Co. 9 Porter’s Rep. 503, we held that it was uot permissible for the sheriff of one county to transfer to the sheriff of another *634a writ of fieri facias which he had received and acted on. The statute making it the duty of a sheriff, in whose hands either mesne or final process is placed for service, to execute and return the same, or to return it if it cannot be executed, he cannot excuse a compliance with this requirement, by placing a fieri facias with which he was charged, in the hands of the -sheriff of some other county. If the plaintiff desires an…
2Cited by5 opinions
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Newcombe v. LeavittSupreme Court of Alabama · 1853
- McMahan v. GreenSupreme Court of Alabama · 1847
- Street v. DuncanSupreme Court of Alabama · 1897
- Spyker v. SpenceSupreme Court of Alabama · 1845