Farmers' Bank of Chattahoochie v. Reid
Supreme Court of Alabama
THIS was-a proceeding by notiee and' motion, in the County Court of Montgomery, at the instance of the plaintiff in error, against Reid,, as sheriff of that county, and his surety, for a judgment, for the failure of the former to pay over, on demand,, the money collected by him, on an execution issued from that Court, at the suit of the plaintiff, against Samuel Q. Hale.
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THIS was-a proceeding by notiee and' motion, in the County Court of Montgomery, at the instance of the plaintiff in error, against Reid,, as sheriff of that county, and his surety, for a judgment, for the failure of the former to pay over, on demand,, the money collected by him, on an execution issued from that Court, at the suit of the plaintiff, against Samuel Q. Hale. An issue was made up, and the case was tried by a jury, who found specially, that the execution described in the motion was placed in the hands of the sheriff,' while he was in office, as alleged-by the plaintiff, and that he…
1Opinion of the CourtCollier, C. J.
It is insisted for the plaintiff in error, that notwithstanding the act of 1821, makes it the duty of sheriffs, “ to return all writs and executions to the clerk’s office from which they shall issue, at least three days previously to the term of the Court to which they shall be returnable,” yet a payment to the sheriff on the first day of the term to which an execution is returnable, and while the saméis in his hands, will be .regarded as made thereon, and subject the sheriff and his surety to a motion and judgment for not paying over the money to the plaintiff. If the point made by the…
2Cases cited1 opinion
- Neale v. CaldwellSupreme Court of Alabama · 1830
3Cited by4 opinions
- Smith v. MundySupreme Court of Alabama · 1850
- Morgan v. DoeSupreme Court of Alabama · 1849
- Harris, Norton & Co. v. EllisTexas Supreme Court · 1867
- Governor v. PearceSupreme Court of Alabama · 1858