Harris v. Murfree
Supreme Court of Alabama
Appeal from Circuit Court of Hale. Tried before Hon. George H. Craig. At the fal’l term, 1873, of the circuit court of Hale, Murfree recovered a judgment against John and Jabez Nelson.
Read the full summary
Appeal from Circuit Court of Hale. Tried before Hon. George H. Craig. At the fal’l term, 1873, of the circuit court of Hale, Murfree recovered a judgment against John and Jabez Nelson. Execution was issued and placed in the hands of appellant, as sheriff, on the 21st day of November, 1873. Harris kept the execution in his hands until March, 1874, and then returned it with this endorsement: “Returned no property found in my county, subject to the satisfaction of this execution.” On the making of this return, Murfree moved for a judgment against the appellant and his sureties, alleging that the…
1Opinion of the CourtBrickell, C. J.
This was a summary proceeding against the appellants, a sheriff and his sureties, under section 3033 of the Revised Code, to recover judgment for the default of the sheriff in not making the, money on an execution, which could have been made by due diligence. An *163issue was formed between tbe parties, which was submitted to a jury for trial, the issue being a denial of tbe truth of tbe allegations of the motion. Tbe official capacity of tbe principal, nor tbe fact of tbe suretyship of bis co-defendants was controverted; nor was tbe fact that an execution in favor of tbe plaintiff in the motion,…
2Cases cited6 opinions
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Johnson v. CunninghamSupreme Court of Alabama · 1840
- Jones v. FortSupreme Court of Alabama · 1860
- French v. SnyderIllinois Supreme Court · 1863
- Governor v. PowellSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Marrow v. BrinkleySupreme Court of Virginia · 1888
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Gilbert v. GallupAppellate Court of Illinois · 1898