Birmingham Dry Goods Co. v. Bledsoe
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. J. A. Bilbro. The proceedings in this case were had upon a motion made by the appellant, the Birmingham Dry Goods Company, for a summary judgment against the appellee, B. F. Bledsoe, as sheriff of Blount county, for his failure to summons a witness as directed by a writ of subpoena issued out of the circuit court of Blount county.
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Appeal from the Circuit Court of Blount. Tried before the Hon. J. A. Bilbro. The proceedings in this case were had upon a motion made by the appellant, the Birmingham Dry Goods Company, for a summary judgment against the appellee, B. F. Bledsoe, as sheriff of Blount county, for his failure to summons a witness as directed by a writ of subpoena issued out of the circuit court of Blount county. The motion averred that there was pending in the circuit court of Blount county, a suit by the Birmingham Dry Goods Company against J. J. Griffith and J. R. Griffith, doing business under the firm name…
1Opinion of the CourtHaralson, J.
The duty of a sheriff is to execute and return with due diligence the process and orders of the courts of record of this State. — Code of 1886, § 810; Code of 1896, § 3739. For a failure to execute a summons, attachment or other mesne process, which, by due diligence he could have executed, he is liable to a summary judgment, for a sum not less than fifty nor more than five hundred dollars. — Code of 1886, § 3106 ; Code of 1896, § 3774. He is bound to make a reasonable effort to serve a summons, or execute any other process placed in his hands by the court; and press of business is no excuse…
2Cases cited1 opinion
- Hallett v. LeeSupreme Court of Alabama · 1841
3Cited by2 opinions
- Ex Parte RowellSupreme Court of Alabama · 1946
- Steverson v. Agee & Co.Alabama Court of Appeals · 1915