Patterson v. Officers of the Circuit Court
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. A notice was given to the plaintiff in error as sheriff, and others as’ his sureties, that a motion would be made against him and his sureties, for costs and damages, “ in the following cases, being on executions put in your hands, as sheriff of said county of Clarke, which issued from the circuit court of Mobile county, and which you have failed to return, viz Here follows a list of cases of different plaintiffs, arid…
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Writ of Error to the Circuit Court of Mobile. A notice was given to the plaintiff in error as sheriff, and others as’ his sureties, that a motion would be made against him and his sureties, for costs and damages, “ in the following cases, being on executions put in your hands, as sheriff of said county of Clarke, which issued from the circuit court of Mobile county, and which you have failed to return, viz Here follows a list of cases of different plaintiffs, arid defendants, with a statement opposite each, that it is for costs, and when returnable. The notice is signed by A. Brooks, clerk of…
1Opinion of the CourtOrmond, J.
The notice is given in this case, by the clerk of the circuit court of Mobile county, to recover of the sheriff, by motion, the costs in four cases, rendered in favor of different persons, and against different defendants, because as alledged, he had failed to return the executions.
If this motion were made by the persons in whose favor the judgments for costs were rendered, it would necessarily fail, as they could not unite in making a joint motion against the sheriff, their interests being several. [Gary v. Hathaway, *7426 Ala. R. 165.] Nor if the parties could thus unite, could a judgment be…
2Cited by11 opinions
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Hays v. CockrellSupreme Court of Alabama · 1867
- Garrison v. BurdenSupreme Court of Alabama · 1867
- North Birmingham Trust & Savings Bank v. HearnSupreme Court of Alabama · 1924
- Danforth v. McClellanSupreme Court of Alabama · 1916
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