Rogers v. Carroll
Supreme Court of Alabama
Appeal from the Circuit Court of Pike! Tried before the Hon. J. W. Foster. This was a motion made by the appellant, B. A. Rogers, for a summary judgment against the appellees, M. W. Carroll, as sheriff, and the sureties on his official bond, for failure to serve a summons and complaint in a suit in which the movant was plaintiff and one Hodge was defendant.
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Appeal from the Circuit Court of Pike! Tried before the Hon. J. W. Foster. This was a motion made by the appellant, B. A. Rogers, for a summary judgment against the appellees, M. W. Carroll, as sheriff, and the sureties on his official bond, for failure to serve a summons and complaint in a suit in which the movant was plaintiff and one Hodge was defendant. The evidence showed that M. W. Carroll was sheriff; that LaFayette Carroll was chief deputy of the sheriff, and that Reeves was a regularly employed deputy of the sheriff; that the summons and complaint were placed in the hands of Reeves…
1Opinion of the CourtMcCLELLAN, J.
On all the evidence, Beeves was a general deputy of Carroll, the sheriff; he was a deputy ■sheriff, as distinguished from a specially deputized agent :of the sheriff for a particular purpose. His powers,generally speaking, were those of the sheriff himself, and his acts were those of the sheriff ;he had the same power to receive and to execute all ordinary process as had the sheriff, and his acts or omissions under or in respect of process were the acts or omissions of the sheriff. In legal contemplation he and the sheriff were one officer, so far as third persons are concerned, as to all…
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