Gay v. Burgess
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. Wax. L. Wl-IITLOCK. This action was brought against the defendant, sheriff of Etowah county, and the sureties on his official bond, for neglect of duty. It was shown on the trial that one W. P. Hollingsworth brought an action of detinue on the 9th of April, 1875, against N. W. Gay, the plaintiff in this suit, for the recovery of a bay mare.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. Wax. L. Wl-IITLOCK. This action was brought against the defendant, sheriff of Etowah county, and the sureties on his official bond, for neglect of duty. It was shown on the trial that one W. P. Hollingsworth brought an action of detinue on the 9th of April, 1875, against N. W. Gay, the plaintiff in this suit, for the recovery of a bay mare. On the summons and complaint was this endorsement: “Came to hand-9th October, 1875—T. J'. Burgess, Sheriff, per S. D. Rumsey, D. S., executed the within by handing the' defendant a copy of the…
1Opinion of the Court
BRICKELL, C. J.—
A sheriff, who has seized property under an order in a detinue suit, by the express words of the statute, is bound, on the expiration of ten days from the seizure, if the plaintiff in the suit fails to take it into possession by the execution o'f a forthcoming bond, to restore it to the possession of the defendant. Code of 1876, §§ 2942-43; Hall v. Perryman, 42 Ala. 122. The duty of obedience to the order of seizure, and of restoration, in the event of the failure to execute the forthcoming bond, are equally imperative, and are each official. A failure to perform either duty…
2Cases cited6 opinions
- Kelly v. MooreSupreme Court of Alabama · 1874
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Governor ex rel. Simmons v. HancockSupreme Court of Alabama · 1841
- Mason v. WattsSupreme Court of Alabama · 1845
- Hall v. PerrymanSupreme Court of Alabama · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- McGill v. VarinSupreme Court of Alabama · 1925
- Smith v. HeinemanSupreme Court of Alabama · 1897
- Elrod v. HamnerSupreme Court of Alabama · 1898
- Burton v. CefaluSupreme Court of Alabama · 1910
2 more not listed; retrieve them via the Exa API.