Langdon v. Raiford
Supreme Court of Alabama
ERROR to tbe Circuit Court of Perry county. Tried before tbe Hon. Jobn D. Pbelan. Assumpsit by plaintiffs in error against tbe defendant, wbo was sheriff of Perry county, “to recover tbe sum of $99T\2T, tbe surplus arising from tbe sale of William A. Strong’s land under a venditioni exponas, issued upon a judgment rendered in tbe County Court of Perry, in a certain case of attachment, wherein John H. Reid was plaintiff, and said Strong was defendant, being money bad and…
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ERROR to tbe Circuit Court of Perry county. Tried before tbe Hon. Jobn D. Pbelan. Assumpsit by plaintiffs in error against tbe defendant, wbo was sheriff of Perry county, “to recover tbe sum of $99T\2T, tbe surplus arising from tbe sale of William A. Strong’s land under a venditioni exponas, issued upon a judgment rendered in tbe County Court of Perry, in a certain case of attachment, wherein John H. Reid was plaintiff, and said Strong was defendant, being money bad and recived by defendant for tbe use of plaintiffs.” Tbe defendant pleaded tbe general issue; verdict and judgment for him. It…
1Opinion of the CourtChilton, J.
The first question wbicb demands consideration is, whether a constable can levy an attachment is*536sued by and returnable before a justice of tbe peace. That the constant practice for years has been for such officers to levy attachments of the kind, is undoubtedly true. Indeed, I know of no case where the right has been questioned. But to deduce the right from the several statutes upon the subject, I am free to confess, is a matter of some difficulty.
By the third section of the act of 1807, it was made the duty of the several constables of the respective counties, “to serve all warrants,…
2Cases cited4 opinions
- Denham v. HarrisSupreme Court of Alabama · 1848
- Alford v. JohnsonSupreme Court of Alabama · 1839
- Pond v. GriffinSupreme Court of Alabama · 1840
- Cary v. GreggSupreme Court of Alabama · 1831
3Cited by11 opinions
- Hoge v. NortonSupreme Court of Kansas · 1879
- McEachin v. ReidSupreme Court of Alabama · 1867
- Hopkinson v. SheltonSupreme Court of Alabama · 1861
- Webb v. EdwardsSupreme Court of Alabama · 1871
- Goldsmith v. Stetson & Co.Supreme Court of Alabama · 1863
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