Hood v. Blair
Supreme Court of Alabama
Appeal from tbe Circuit Court of Cherokee. Tbe record does not sbow tbe name of tbe presiding judge. Tbis was a motion by S. M. Hood for a summary judgment against John S. Blair and tbe sureties on bis official bond as sheriff, for bis failure to make tbe money on two executions, or orders of sale, wbicb bad come to bis bands to be executed, and wbicb were issued by a justice of tbe peace, on two judgments rendered by bim in attachment cases; one of said judgments being for…
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Appeal from tbe Circuit Court of Cherokee. Tbe record does not sbow tbe name of tbe presiding judge. Tbis was a motion by S. M. Hood for a summary judgment against John S. Blair and tbe sureties on bis official bond as sheriff, for bis failure to make tbe money on two executions, or orders of sale, wbicb bad come to bis bands to be executed, and wbicb were issued by a justice of tbe peace, on two judgments rendered by bim in attachment cases; one of said judgments being for $60, besides interest and costs, and tbe other for $100. Tbe defendants demurred to tbe motion, assigning fourteen…
1Opinion of the CourtWalker, J.
A summary judgment may be rendered against a sheriff, for failing to make tbe money on an execution issued by a justice of tbe. peace wbicb by due diligence might have been made, for tbe amount of tbe execution and interest, and five per-cent, damages on tbe amount thereof; and tbe motion must be made in tbe Circuit Court when tbe amount claimed, by reason of interest or damages, exceeds tbe sum of one hundred dollars. — Code, §§ 3325 and 3333. Under former statutes, such judgments could not be rendered against sheriffs, for any negligence or misfeasance on their part in levying process…
2Cases cited2 opinions
- Mohon v. TatumSupreme Court of Alabama · 1881
- Thompson v. AcreeSupreme Court of Alabama · 1881