Governor v. Lindsay
Supreme Court of Alabama
Writ of Error to the Circuit Court of Coosa. Before the Hon. J. D. Phelan. Debt by the plaintiff in error, on the official bond of John A. Chapman, coroner of Coosa county, against the defendant’s intestate, one of his sureties.
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Writ of Error to the Circuit Court of Coosa. Before the Hon. J. D. Phelan. Debt by the plaintiff in error, on the official bond of John A. Chapman, coroner of Coosa county, against the defendant’s intestate, one of his sureties. The first breach assigned, was, that an execution of the plaintiff was delivered to Chapman, as coroner, “ directed to any sheriff of the State of Alabama,” against W. J. Campbell, who was the sheriff of the county, and others, and that he failed and neglected to make the money upon said writ, when by proper diligence he could have done so, &c. The defendant demurred…
1Opinion of the CourtCollier, C. J.
Our statute in totidem verbis requires all process which is tó be executed by the coroner, to be directed to any coroner of the State of Alabama.— Clay’s Dig. 336, § 133. And long previous to this enactment, it was held, that to authorize the coroner to execute 'process, it should be directed to him eo nomine. Pope & Hickman v. Stout, 1 Stew. Rep. 375. In Adamson v. Parker, et al. 3 Ala. 727, such was held to be the effect of the act; and if the coroner levies an execution directed to the sheriff, he becomes a trespasser, and may restore the goods levied on to the possession of the person…
2Cases cited3 opinions
- Pope v. StoutSupreme Court of Alabama · 1828
- Adamson v. ParkerSupreme Court of Alabama · 1842
- Gresham v. LeverettSupreme Court of Alabama · 1846
3Cited by1 opinion
- Jones v. Calloway's Adm'rSupreme Court of Alabama · 1876