Leach v. Williams
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. Tins was a proceeding under the statute, suggesting that a writ of fieri facias had been issued from the Circuit Court of Perry, at the suit of the plaintiff in error, against the goods, &c. of McLaughlin & Townes, and placed in the hands of the defendant, Williams, as sheriff of that county, for execution, who failed to make the money thereon three days previous to the term of the Court when the same was returnable, although the…
Read the full summary
Writ of Error to the Circuit Court of Perry. Tins was a proceeding under the statute, suggesting that a writ of fieri facias had been issued from the Circuit Court of Perry, at the suit of the plaintiff in error, against the goods, &c. of McLaughlin & Townes, and placed in the hands of the defendant, Williams, as sheriff of that county, for execution, who failed to make the money thereon three days previous to the term of the Court when the same was returnable, although the money could have been made by due diligence. The plaintiff made a special statement of the facts, of which his right to…
1Opinion of the CourtCollier, C. J.
The motion against the defendant attributes neglect to the sheriff for failing to make the money on the plaintiff’s execution, issued on the 8th June, 1844, and is intended to test the question of priority between that and the fieri fa-cias at the suit of Dunn, Mcllvain & Brownlee, which was simultaneously levied. It is conceded that the latter caused an execution to be placed in the sheriff’s hands one year previous to the time when the first execution upon the plaintiff’s judgment, issued; but it is insisted, that the judgment in favor of Messrs, D. Mcl. & B., has been satisfied by the…
2Cases cited3 opinions
- Wood v. GarySupreme Court of Alabama · 1843
- Hopkins v. LandSupreme Court of Alabama · 1842
- Smith v. HoganSupreme Court of Alabama · 1842
3Cited by9 opinions
- Williams v. MellorSupreme Court of Colorado · 1888
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1881
- Sawyer's Adm'r v. PattersonSupreme Court of Alabama · 1847
- Bank of Alabama v. GoddenSupreme Court of Alabama · 1849
- Branch Bank at Montgomery v. CurrySupreme Court of Alabama · 1848
4 more not listed; retrieve them via the Exa API.