Abercrombie v. Alderson
Supreme Court of Alabama
Error to the Circuit Court of Macon. This was a motion against the plaintiff in error as sheriff for failing to make the money on an execution which had been placed in his hands, at the suit of the defendant against the goods and chattels, fyc. of James B. Thompson. The cause was submitted to a jury, who returned a verdict in favor of the plaintiff, for the amount of the execution, 'with interest.
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Error to the Circuit Court of Macon. This was a motion against the plaintiff in error as sheriff for failing to make the money on an execution which had been placed in his hands, at the suit of the defendant against the goods and chattels, fyc. of James B. Thompson. The cause was submitted to a jury, who returned a verdict in favor of the plaintiff, for the amount of the execution, 'with interest. A bill of exceptions was sealed at the trial, at the instance of the sheriff, from which it appears that the defendant in execution had in his possession “ a set of tinner’s tools,” worth the amount…
1Opinion of the CourtCollier, C. J.
The act of 1833, “ to exempt certain property from execution,” enacts, that “ the following articles shall be retained by, and for the use of every family in this State, free and exempt from levy or sale by virtue of any execution, or other legal process, that is to say,” &c. among which are enumerated “all tools or implements of trade.” Clay’s Dig. 210, § 47. To bring a case within the influence of this statute, the defendant in execution must have a family. The language employed, to say nothing of the object of the enactment is too explicit to admit of controversy. In Allen v. Manasse and…
2Cases cited1 opinion
- Allen v. ManasseSupreme Court of Alabama · 1843
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