Powell v. Governor
Supreme Court of Alabama
Writ of Error to tlie Circuit Court of Coosa. Action of debt upon a sheriff’s bond, at the relation of Patterson, against Powell and others, as the sureties of one Campbell.
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Writ of Error to tlie Circuit Court of Coosa. Action of debt upon a sheriff’s bond, at the relation of Patterson, against Powell and others, as the sureties of one Campbell. The breach assigned in the declaration is, that the said Campbell wholly neglected and refused to levy and satisfy a writ of fi- fa. in his hands, as sheriff, at the suit of the plaintiff, against the goods, &c. of one Hobdy, for $234 21. At the trial, the plaintiff produced and read in evidence the writ of fi. fa. which issued the 6th of October, 1841, and was returnable on the 4th Monday in March', 1842. On it was…
1Opinion of the CourtGoldthwaite, J.
1. The Court below was correct in refusing to allow the defendant’s witness to answer what was *39the estimated cash value put on the lands by the neighbor- ’ hood generally, because the question was calculated t-o elicit nothing more, than a second-hand notion of the opinions of others, who could themselves furnish the best evidence of their own opinions, and might have been called as witnesses. [P. & M. Bank v. Borland, 5 Ala. Rep. 531.]
2. The matters of law arising out of the charge, and refusal to charge, are of considerable importance in connection with the duties of sheriffs, and therefore…
2Cases cited1 opinion
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
3Cited by10 opinions
- Ray's Adm'r v. WombleSupreme Court of Alabama · 1876
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Lankford v. JacksonSupreme Court of Alabama · 1852
- Havis v. TaylorSupreme Court of Alabama · 1848
- Easley v. WalkerSupreme Court of Alabama · 1846
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