Noble & Bro. v. Whetstone
Supreme Court of Alabama
Appeal from Circuit Court of Autauga. Tried before Hon «Jas. Q. Smith. Noble The plaintiffs in the motion demurred to the special plea, and their demurrer having been overruled, they declined to plead further, and the court rendered judgment in favor of defendant, and taxed plaintiff for the costs, &c., hence this appeal. [No briefs came into Reporter’s hands.]
1Opinion of the CourtPeters, J.
This is a motion against the sheriff of Autauga county and his securities, for the damages allowed by law on account of said sheriff’s failure to return an execution which came into his hands, according to its mandate.
The law authorizing this proceeding is in the' following words: “Judgment, must be rendered for the plaintiff against the sheriff, coroner, or other officer, receiving or executing the writ. For failing to return an execution, the damages are twenty per centum on the judgment.” Rev. Code, §§ 3031, 3032.
There was a demurrer to the notice of motion, and also a *363demurrer to the…
2Cases cited2 opinions
- Walker v. ChapmanSupreme Court of Alabama · 1853
- Pearsall v. McCartneySupreme Court of Alabama · 1856
3Cited by1 opinion
- Herr & Co. v. AtkinsonSupreme Court of Arkansas · 1883