Ward v. Deadman
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. This action was by Deadman against Ward and others for alleged trespass.
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Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. This action was by Deadman against Ward and others for alleged trespass. The facts are sufficiently set out in the opinion. — Demurrer to complaint should have been sustained as it showed on its face that the indorsement of no property exempt was on the execution levied by the .sheriff. — Kennedy v. Smith; Bryan v. Kelly, 85 Ala. 569. — Office not protected in levying on exempt property by the endorsement on the execution and the statement in judgment entry of no property exempt, when they were improperly made. — McDaniel ■/;.…
1Opinion of the CourtTyson, J.
— This is an action for damages brought by a defendant in an execution against the constable and the sureties upon his official bond for an alleged trespass committed by the constable in levying the execution upon certain personal property of the plaintiff and selling it to satisfy said execution.
The-alleged trespass is predicated upon the taking of the property which it is alleged was exempt from levy and sale, after the plaintiff had filed in the office of the judge of probate his claim of exemptions.
Tlie complaint sets out the execution m haec verba under which the constable acted and this…
2Cases cited6 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Woodcock v. BaldwinSupreme Court of Louisiana · 1899
- Meyer v. HearstSupreme Court of Alabama · 1883
- Wilson v. SawyerSupreme Court of Alabama · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Walker v. GrahamSupreme Court of Alabama · 1934
- Magnaud v. TraegerCalifornia Court of Appeal · 1924
- Baker v. SparksSupreme Court of Alabama · 1919
- Huett v. NevinsSupreme Court of Alabama · 1951