Morrison v. Wright
Supreme Court of Alabama
This was an action of trespass, assault and battery, —commenced in the Circuit court- of Benton county, by Morrison and wife, against Wright. The defendant pleaded t! the general issue, with permission to give special matter in evidence and upon the issue thus raised, a verdict was rendered for the defendant.
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This was an action of trespass, assault and battery, —commenced in the Circuit court- of Benton county, by Morrison and wife, against Wright. The defendant pleaded t! the general issue, with permission to give special matter in evidence and upon the issue thus raised, a verdict was rendered for the defendant. The bill of exceptions stated, that on the trial of the cause, the evidence shewed that the trespass complained of, occurred on premises where the plaintiffs had formerly resided: — that defendant had instituted proceedings of unlawful detainer against plaintiffs, and had previously…
1Opinion of the CourtOrmond, J.
— The first charge moved for by the plaintiffs in error, presents the question, whether the sheriff can be held a trespasser for executing process which has come to his hands from a court having jurisdiction of the subject matter, — the process, without his knowledge, having been superseded by the fiat of a judge.
The sheriff is bound, by law, to execute all process directed to him by a competent tribunal, and. by necessary consequence, may justify under it. It would be a strange anomaly, if the law should exact from him implicit obedience to its mandates, and withhold from him the mantle of…
2Cited by6 opinions
- Ivey v. ColemanSupreme Court of Alabama · 1868
- Stein v. AshbySupreme Court of Alabama · 1857
- Meyer v. HearstSupreme Court of Alabama · 1883
- Johnson v. FoxSupreme Court of Georgia · 1874
- Keith v. RosnoskyMassachusetts Supreme Judicial Court · 1918
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