Walker v. Turnipseed
Supreme Court of Alabama
Writ of Error to the Circuit Court of Randolph. Motion by the defendant in error, against the plaintiff in error, as sheriff of Randolph county, and his sureties.
1Opinion of the CourtOrmond, J.
The notice in this case informs the sheriff, that a motion will be made against'him for failing to pay over on demand, the amonnt of an execution which is particularly described, which issued on a judgment for $ 106 55. After a demurrer to the notice, the parties went to trial upon an issue before a jury, when the sheriff moved to exclude the execution, for a variance between it, and the fi. fa. described in the notice, the execution, when produced, being for $ 100 65. The plaintiff to explain it, produced the original^, fa., which was for the correct amount, the money having been collected…
2Cases cited1 opinion
- Johnson v. GraySupreme Court of Alabama · 1844
3Cited by2 opinions
- Palmer v. FittsSupreme Court of Alabama · 1874
- Kunst v. FindleyWest Virginia Supreme Court · 1913