Leavitt v. Dawson

The bond which the claimants in this case gave, preparatory to the assertion of their claim, is made payable to the sheriff, and does not state the description of the property levied on. It is therefore defective, and as the motion was made at the first term, the claim should have been dismissed, unless a sufficient bond was then executed. [Bradford v. Dawson, 2 Ala. Rep. 203.] As the plaintiffs were not protected as intended by the statute, they had the right to refuse to proceed further in the cause, and were improperly non-suited.

It is not important to consider whether the term non-suit is…