Willard Freeman & Co. v. Womack
Supreme Court of Alabama
This was a suggestion in the county Court of Sumter, against the sheriff of that County, alledging that, with due diligence, the amount of an execution issued from that Court and returned by him unsatisfied, could have been made. The cause was submitted to the Court on facts agreed by the parties.
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This was a suggestion in the county Court of Sumter, against the sheriff of that County, alledging that, with due diligence, the amount of an execution issued from that Court and returned by him unsatisfied, could have been made. The cause was submitted to the Court on facts agreed by the parties. From the case agreed, it appears that on the 7th of March 1840, a writ of fieri facias for the sum of seventeen hundred and sixteen dollars and forty cents, besides costs, was issued from the County Court of Sumter, and placed in the hands of the defendant, as sheriff — that the fi. fa. was at the…
1Opinion of the CourtCollier, C. J.
The only question raised on the assignment of error is this, are the plaintiffs, on proving the allegations of their suggestion, entitled to recover damages on the execution, the execution itself having been satisfied, (with the exception of the costs,) previous to the time when the suggestion was made? The solution of this question must depend upon the construction of the third section of the-act of 1826, “the better to secure money in the hands of Clerks, Sheriffs and Coroners.” That section is in these words: “Whenever any sheriff or coroner to whom an execution shall have been delivered,…
2Cited by1 opinion
- Gary v. BoykinSupreme Court of Alabama · 1844