Bell v. King
Supreme Court of Alabama
Error to the County court of Montgomery county. This was a motion against Bell, as sheriff, suggesting, that he could have made the money on an execution} issued from Montgomery County court, in favor of the defendant in error, against Garrett, Couch and Hooks. On the second day of June, eighteen hundred and thirty-five, the fi. fa. was received hy Bell, as sheriff. The execution was returned nulla bona.
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Error to the County court of Montgomery county. This was a motion against Bell, as sheriff, suggesting, that he could have made the money on an execution} issued from Montgomery County court, in favor of the defendant in error, against Garrett, Couch and Hooks. On the second day of June, eighteen hundred and thirty-five, the fi. fa. was received hy Bell, as sheriff. The execution was returned nulla bona. The only property shewn to have been in the possession of either of the defendants, was four horses and a sulky, worth the amount of the execution, which belonged to Garrett. It was admitted…
1Opinion of the CourtCollier, C. J.
— The only question brought to the view of the court in this case, Is this:
Can a sheriff who has returned a fieri facias, nulla bo-na, when a motiop is made against him, founded upon a suggestion (under the statute) that with due diligence, the amount thereof might have been collected of the defendants in execution, successfully resist the motion, by showing that he had older fieri facias’ in his hands, of an amount equal to the entire value of the defendants property, unless he also show that these executions, entitled to a prior lien, were levied on that property ?
The mandate of the fi. fa.…
2Cited by4 opinions
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Smith v. HeinemanSupreme Court of Alabama · 1897
- Gary v. FrostSupreme Court of Alabama · 1846
- Anderson v. BrightSupreme Court of Alabama · 1847