Lang v. Phillips
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. C. W. Rapier. This was a motion against tbe appellant, as sheriff of Mobile county, for failing to pay over money collected under execution. By consent of parties, a jury was dispensed with, and it was agreed that the court should decide both the law and the facts of the case.
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. C. W. Rapier. This was a motion against tbe appellant, as sheriff of Mobile county, for failing to pay over money collected under execution. By consent of parties, a jury was dispensed with, and it was agreed that the court should decide both the law and the facts of the case. The facts, as disclosed by the bill of exceptions and judgment entry, were as follows : The plaintiff, having a judgment against one Adam C.Hol-linger in the Circuit Court of Mobile, procured an execution to be issued thereon on the 14th day of December,…
1Opinion of the CourtGoldthwaite, J.
The act of the 17th Eebruary, 1854, (Acts 1853-4, p. 92, § 10) regulating the practice of the City and Circuit Courts of Mobile county, provides, that the lien acquired by any execution from either of said courts shall not be lost, if an execution issue to the sheriff “ without interval of more than ninety days.” In the present case, the original execution was returned on the 14th April, 1854, and an alias was issued on the 14th July, 1854. Assuming, for the present, that it came to the hands of the sheriff on the same day on which it issued, the question is, whether the lien was lost; or, in…
2Cases cited1 opinion
- Judd v. FultonNew York Supreme Court · 1850
3Cited by13 opinions
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- State v. BeasleyWest Virginia Supreme Court · 1883
- Ex Parte PardueSupreme Court of Alabama · 2000
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