Flournoy v. Clements
Supreme Court of Alabama
Writ of error to the Circuit Court of Randolph. A WRIT of capias ad respondendum at the suit of the plaintiff in error, against the defendants, was issued on the 8th of March, 1844, returnable to the Circuit Court of Randolph, to be holden on the seventh Monday after the fourth Monday of that month; and was executed on one of the defendants the 12th, and the other the 30th of March.
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Writ of error to the Circuit Court of Randolph. A WRIT of capias ad respondendum at the suit of the plaintiff in error, against the defendants, was issued on the 8th of March, 1844, returnable to the Circuit Court of Randolph, to be holden on the seventh Monday after the fourth Monday of that month; and was executed on one of the defendants the 12th, and the other the 30th of March. On motion of the defendants, the service of the writ was vacated and set aside, upon the ground, (as supposed,) that the person who executed it was not an officer authorized by law to execute process. The facts,…
1Opinion of the CourtCollier, C. J.
— The constitution invests the Governor with authority to fill any vacancy,- which may occur subsequent to an election, in the office of sheriff, and declares that the appointee shall continue in office until the next general election. [Art. 4, § 24; The State ex rel. Murray v. Ayers, Minor’s Rep. 323.] In the present case it is conceded, that Carpenter was appointed to the sheriffalty upon the hypothesis, that Caskey had vacated his office; and whether the suggestion and proof upon which the execution acted, was founded in truth, cannot be collaterally drawn in question. In such a proceeding…
2Cases cited2 opinions
- Trustees of Vernon Society v. HilesNew York Supreme Court · 1826
- Bondurant v. BufordSupreme Court of Alabama · 1840
3Cited by6 opinions
- Diggs v. StateSupreme Court of Alabama · 1873
- Andress v. BroughtonSupreme Court of Alabama · 1852
- Thrower v. StateSupreme Court of Alabama · 1875
- Thompson v. StateSupreme Court of Alabama · 1852
- Harris' Heirs v. Harris' Adm'rSupreme Court of Alabama · 1867
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