Sawyer v. Ballew
Supreme Court of Alabama
This was an action upon the case, by Sawyer against Ballew, in the Circuit Court of Morgan : and the plaintiff declared against the defefendant for that, theretofore in a proceeding for forcible and unlawful detainer, he had obtained judgment against one Larkin R. Sawyer, before a justice of the peace, upon which execution had issued against the said Larkin, and under which he had been arrested.
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This was an action upon the case, by Sawyer against Ballew, in the Circuit Court of Morgan : and the plaintiff declared against the defefendant for that, theretofore in a proceeding for forcible and unlawful detainer, he had obtained judgment against one Larkin R. Sawyer, before a justice of the peace, upon which execution had issued against the said Larkin, and under which he had been arrested. But that the defendant had voluntarily suffered and permitted the said Larkin to escape out of his custody, &c,, whereby the plaintiff was injured, &c. , To the declaration there was a demurrer which…
1Opinion of the CourtCollier, J.
— The plaintiff brought an action on the case in the Circuit Court of Morgan, against the defendant, as sheriff of that county, for suffering, and voluntarily permitting Larkin R. Sawyer, whom *117he had previously arrested under an execution, regularly issued by a justice of the peace, on a judgment in a proceeding for an unlawful detainer, to escape and go at large. To the plaintiff’s declaration, setting out these facts, the defendant demurred, and his demurrer was sustained by the Court.
In considering the judgment on the demurrer, it will only be necessary to enquire, whether the form of…
2Cited by2 opinions
- Riley v. StallworthSupreme Court of Alabama · 1876
- Wells v. SteeleSupreme Court of Arkansas · 1876