Chandler v. Henry
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This was a motion by Sam. Henry, plaintiff in execution, against William Chandler, as sheriff of Etowah conuty, and against W. P. Johnson'and others, as sureties on his official bond, to recover the statutory penalty for the sheriff’s failure to indorse on plaintiff’s execution the date on which it came into his hands.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This was a motion by Sam. Henry, plaintiff in execution, against William Chandler, as sheriff of Etowah conuty, and against W. P. Johnson'and others, as sureties on his official bond, to recover the statutory penalty for the sheriff’s failure to indorse on plaintiff’s execution the date on which it came into his hands. The motion was entered on the motion docfcet on the 22d April, 1889, and the record does not show on what day the Spring term of the court commenced that year. On the trial, as the judgment entry…
1Opinion of the Court
STONE, O. J.
This case must be reversed for the error of the court in ruling that plaintiff was entitled to a judgment for ten per-cent, of his execution, increased by the accrued interest. The statute is highly penal, and under it no greater recovery can be had than its terms express. Ten per-cent, of the face, or principal of the execution, is the limit of the penalty the law imposes for a sheriff’s failure “to indorse on an *273execution [coming into his hands] the true date of its delivery to him.” — Code of 1886, § 3105. If the plaintiff suffers any actual injury by the omission, the statute…
2Cases cited6 opinions
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Decatur Charcoal Chemical Works v. MosesSupreme Court of Alabama · 1889
- Patton v. Hayter, Johnson & Co.Supreme Court of Alabama · 1848
- Rutherford's Adm'r v. SmithSupreme Court of Alabama · 1855
- King v. ArmstrongSupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- O'Connor Mining & Manufacturing Co. v. DicksonSupreme Court of Alabama · 1895
- Macdonald v. StateSupreme Court of Alabama · 1904