Governor v. Perrine
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstky. This was a summary proceeding under the statute, in the name of the Governor, for the use of Chamberlain & Co., against the sureties of George Huggins, late sheriff of Mobile, on the following facts, constituting an agreed case : “ Whereas, under and by virtue of an attachment in favor of Chamberlain & Co. v. James J. Dyer, the sheriff, Huggins, who departed this life before the commencement of this…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstky. This was a summary proceeding under the statute, in the name of the Governor, for the use of Chamberlain & Co., against the sureties of George Huggins, late sheriff of Mobile, on the following facts, constituting an agreed case : “ Whereas, under and by virtue of an attachment in favor of Chamberlain & Co. v. James J. Dyer, the sheriff, Huggins, who departed this life before the commencement of this action, seized and took into his possession on the 20th day of October, 1848, the day on which he received the…
1Opinion of the CourtGibbons, J.
We concur in the conclusions of the court below upon tho statement of facts presented in the agreed case. The sale of the goods having taken place without any order of court, or authority to the sheriff to make the sale, but being made by the consent of the parties in the attachment suit, it could not be said to be an official act of the sheriff, but rather that of a private individual as the agent of the parties to the suit. The securities of the sheriff are only liable for his defaults while acting in his official capacity ; and that has been defined to be, action in obedience to legal…
2Cases cited1 opinion
- Dean v. GovernorSupreme Court of Alabama · 1848
3Cited by8 opinions
- Hawkins v. ThomasIndiana Court of Appeals · 1891
- Dysart v. LurtySupreme Court of Oklahoma · 1895
- Feller v. GatesOregon Supreme Court · 1902
- Allen v. ClarkDistrict Court, S.D. California · 1938
- State v. MooreNebraska Supreme Court · 1898
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