Mason v. Watts
Supreme Court of Alabama
Writ of error to the Circuit Court of Wilcox. Motion, under the statute, by Watts, against Mason and others, as the securties of Jonathan M. Hill, sheriff of Wilcox county, for judgment against them, upon a suggestion that the said Hill, by the use of due diligence, could have made the money upon a certain execution placed in his hands for collection, issued at the suit of Wills, against the goods and chattels, &c. of William S. and Joseph W. Patton.
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Writ of error to the Circuit Court of Wilcox. Motion, under the statute, by Watts, against Mason and others, as the securties of Jonathan M. Hill, sheriff of Wilcox county, for judgment against them, upon a suggestion that the said Hill, by the use of due diligence, could have made the money upon a certain execution placed in his hands for collection, issued at the suit of Wills, against the goods and chattels, &c. of William S. and Joseph W. Patton. Upon the trial of an issue taken upon this suggestion, the plaintiff read to the jury the execution described in the rule, which had upon it the…
1Opinion of the CourtGoldthwaite, J.
1. On the first instruction, given in this cause to the jury, our opinion is the same as was that of the Circuit Court. It is not material to the sheriff or his sureties to inquire, whether both, or but one of the defendants in. execution yet remained the debtor of the plaintiff. This is not a suit where the attempt is made to recover from the sheriff a debt for which the defendants in execution have been discharged ; therefore we lay that entirely out of view. So far as the sheriff is concerned, the agreement between the plaintiff and one of the defendants in execution, and his discharge,…
2Cited by6 opinions
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Smith v. LeavittsSupreme Court of Alabama · 1846
- Gay v. BurgessSupreme Court of Alabama · 1877
- Governor v. GibsonSupreme Court of Alabama · 1848
- Governor v. PowellSupreme Court of Alabama · 1846
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