Brown v. Baker
Supreme Court of Alabama
Error to Talladega Circuit court. Motion to set aside a levy. The sheriff of Talladega county, levied an execution in favor of the defendants in error, on property in that county, which was claimed by a third person, and surrendered to him.
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Error to Talladega Circuit court. Motion to set aside a levy. The sheriff of Talladega county, levied an execution in favor of the defendants in error, on property in that county, which was claimed by a third person, and surrendered to him. The execution was then sent to St. ¿Clair county, and the sheriff of St. Clair made a levy there, and at a subsequent term of the Circuit court of Talladega, defendants in the execution, moved to discharge the levy made by the sheriff of St. Clair, on the ground of irregularity. This the court declined, and allowed the sheriff of Talladega to amend his…
1Opinion of the Court
GOLDTHWAITE, J. — The
act of assembly, of the twenty-third of December, eighteen hundred and thirty-six, entitled “ an act to amend the laws regulating judicial proceedings,” (pamphlet acts, 25,) provides, “ that all original mesne and final process, issued from any clerk’s office in this State, shall be directed to any sheriff of the State of Alabama; and it shall be the duty of any sheriff or coroner, if the case requires it, in the State, in whose *504hands any such process shall be placed for service, to execute and return, or to return, (if it cannot be executed,) the same as required by law,…
2Cited by3 opinions
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Herr & Co. v. AtkinsonSupreme Court of Arkansas · 1883
- Morgan v. DoeSupreme Court of Alabama · 1849