Governor v. Bancroft
Supreme Court of Alabama
' Error to the County Court of Mobile. Tried before the Hon. John A. Cuthbert. This is an action of debt by the plaintiff, for the use of Whitsett, Garner & Co., against the defendants in error, on the official bond of Charles Bancroft, late sheriff One of the breaches assigned is that an attachment ancillary to a suit then pending in the County Court of Mobile county was sued out by said Whitsett, Garner & Co. against one Felix Maxam and delivered to said Bancroft, who as…
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' Error to the County Court of Mobile. Tried before the Hon. John A. Cuthbert. This is an action of debt by the plaintiff, for the use of Whitsett, Garner & Co., against the defendants in error, on the official bond of Charles Bancroft, late sheriff One of the breaches assigned is that an attachment ancillary to a suit then pending in the County Court of Mobile county was sued out by said Whitsett, Garner & Co. against one Felix Maxam and delivered to said Bancroft, who as such sheriff levied it on a large quantity of merchandize, which he failed to secure so as to have forthcoming to satisfy…
1Opinion of the CourtCollier, C. J.
1. The third plea merely states the amount produced by the sale of the goods alleged to have been seized under the attachment against the estate of Maxam, and how it had been disposed of; if the disposition of this money by the sheriff was legal, the plea is not objectionable for duplicity, or any other ground upon which its validity has been assailed.
2. In respect to the claim of Beraujohn for the rent of the premises on which the goods were seized, it is well settled that the act of 1807 “ concerning executions, &c.” which inhibits the removal of goods and chattels levied on by execution…
2Cases cited17 opinions
- Learned v. BryantMassachusetts Supreme Judicial Court · 1816
- Watson v. WatsonSupreme Court of Connecticut · 1827
- Baker v. M'DuffieNew York Supreme Court · 1840
- Mentz v. HammanSupreme Court of Pennsylvania · 1840
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1814
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Carmelich v. MimsSupreme Court of Alabama · 1889
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Fleming v. MooreSupreme Court of Alabama · 1925
- Niolin v. HamnerSupreme Court of Alabama · 1853
4 more not listed; retrieve them via the Exa API.