Robertson v. Locke
Supreme Court of Alabama
Weit of error to the Circuit Court of Greene. This was a proceeding against Locke, late sheriff of Greene, and the other defendants, as his securities, suggesting that the former, with due diligence, could have collected the amount of a fieri facias, which had been placed in his hands as sheriff to execute and return.
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Weit of error to the Circuit Court of Greene. This was a proceeding against Locke, late sheriff of Greene, and the other defendants, as his securities, suggesting that the former, with due diligence, could have collected the amount of a fieri facias, which had been placed in his hands as sheriff to execute and return. The defendants pleaded, 1. Not guilty. 2. That the sum of nineteen hundred and sixty dollars and ninety-four cents, was made on the execution by Locke, after the same came to his hands, and before the return day thereof. 3. That another sum, to wit, fifteen hundred and…
1Opinion of the Court
COLLIER, C. J.-
The statute under which this proceeding •was instituted, is in these words, «Whenever any sheriff or coroner, to whom an execution shall have been delivered, shall fail to make the money on or before the first day of the term of the court to which said execution shall be returnable, the plaintiff or plaintiffs, his, her or their attorney, shall suggest to the court, that the money could have been made by said sheriff or coroner, with due diligence, it shall be the duty of the court forthwith to cause an issue to be made up, to try the fact; and if it shall be found by the jury…
2Cases cited2 opinions
- Hallett v. LeeSupreme Court of Alabama · 1841
- Adams v. WhiteSupreme Court of Alabama · 1841