McMichael v. Branch Bank at Montgomery
Supreme Court of Alabama
Error to the County Court of Montgomery. The defendant in error, having obtained judgment against the plaintiffs in error, and issued execution, which was placed ill the sheriff’s hands, he returned it “ settled in bank.”
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Error to the County Court of Montgomery. The defendant in error, having obtained judgment against the plaintiffs in error, and issued execution, which was placed ill the sheriff’s hands, he returned it “ settled in bank.” The bank moved the court to set aside this return, and for leave to issue another execution, and it being proved that the return was false, and the judgment unsatisfied, and that due notice had been given of the motion, set aside the return, and granted the motion. To which the defendants excepted. This is the matter now assigned as error. When a sheriff returns an…
1Opinion of the CourtCollier, C. J.
it is allowable for a sheriff to amend his return at a term subsequent to that at which it is made, and the amendment will relate back to the proper return day, (Malone v. Samuel, 3 Marsh. Rep. 350;) and it has been permitted, even after the lapse of several years. Thatcher v. Miller, 11 Mass. Rep. 413 ; Hutchins v. Brown, 4 H. & McH. Rep. 498. So such amendments have been permitted after the sheriff went out of office, and after a writ of error sued out to reverse the judgment. Gay v. Caldwell, Hard. Rep. 63; Irvine v. Scobee, 5 Litt. Rep. 70; Adams v. Robinson, 1 Pick. Rep. 461; Wilson v.…
2Cases cited6 opinions
- Thatcher v. MillerMassachusetts Supreme Judicial Court · 1814
- Hodges v. LairdSupreme Court of Alabama · 1846
- Brandon v. SnowsSupreme Court of Alabama · 1830
- Irvine v. ScobeeCourt of Appeals of Kentucky · 1824
- Woodward v. HarbinSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1876