O'Bryan Bros. v. Webb
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This action was brought on Feb. 27th, 1902, by the appellants against the appellee, James M. Webb, a sheriff of Cherokee county, and a surety on his official bond, and sought to recover for Webb’s failure to execute a writ of venclitiona exponas, and thereby collect money upon a judgment which the plaintiffs had recovered in an attachment suit against one J. E. Abernethy.
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Appeal from tbe Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This action was brought on Feb. 27th, 1902, by the appellants against the appellee, James M. Webb, a sheriff of Cherokee county, and a surety on his official bond, and sought to recover for Webb’s failure to execute a writ of venclitiona exponas, and thereby collect money upon a judgment which the plaintiffs had recovered in an attachment suit against one J. E. Abernethy. The complaint as originally filed contained two counts. • In the first count of the complaint, the plaintiff claimed damages for the breach of…
1Opinion of the CourtMcCLELLAN, C. J.
Action by O’Bryan Brothers against Webb, sheriff, and the sureties on his official bond. O’Bryan Brothers were plaintiffs in action .to recover money against one Abernathy, in which attachment was levied on stock of goods, and plaintiffs had judgment with order for sale of attached property; the sheriff failed to execute said venditioni exponas and to make plaintiff’s recover thereon, and for that failure this shit is brought. The defense ivas that the property attached was destroyed by fire prior to the advertised day of sale without fault, of the officer.
The sheriff having the custody of…
2Cases cited1 opinion
- Price v. StoneSupreme Court of Alabama · 1873