Sample v. Royall
Supreme Court of Alabama
Whit of Error to the Circuit Court of Autauga county. This is a summary proceeding, by motion, against a sheriff and his securities, for failing to return a writ of capias adres-pondendum. The defendants demurred to the notice and their demurrer being overruled they pleaded oyer, and a verdict was found against them, on which judgment was entered.
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Whit of Error to the Circuit Court of Autauga county. This is a summary proceeding, by motion, against a sheriff and his securities, for failing to return a writ of capias adres-pondendum. The defendants demurred to the notice and their demurrer being overruled they pleaded oyer, and a verdict was found against them, on which judgment was entered. The judgment entry discloses all the facts and circumstances, from which the jurisdiction of the court is to be supported or denied. The writ of error is prosecuted by the sheriff and his securities to revise this judgment, and the assignments of…
1Opinion of the CourtGoldthwaite, J.
We are clear in the opinion that this judgment cannot be sustained. The act of 1821, under which the proceedings were instituted, is in these words— “It shall be the duty of the sheriffs of the several counties in this State to return all writs and executions to the Clerk’s office from which they shall issue, at least three days previously to the term of the Court to which they shall be returnable; and if any sheriff shall fail to return any writ or execution according to the provisions of this act, he shall be liable to all the penalties provided by the laws now in force for' failing, to re*346tu…
2Cited by1 opinion
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