State v. Johnson
Supreme Court of Alabama
Novel, and difficult questions, from the circuit court of Macon. The defendant was indicted for an assault upon a constable, and pleaded not guilty. Upon the trial, it appeared in evidence, that the constable went to defendant’s house, to levy an execution, and attempted to levy it on a mare in his possession.
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Novel, and difficult questions, from the circuit court of Macon. The defendant was indicted for an assault upon a constable, and pleaded not guilty. Upon the trial, it appeared in evidence, that the constable went to defendant’s house, to levy an execution, and attempted to levy it on a mare in his possession. The defendant told the officer the mare was the only work animal he had, and that she was not subject to-levy. ’The constable proceeded to make the levy, but was' prevented by defendant, who presented, and snapped a gun-at him twice, at the distance of fifteen or twenty yards.' The…
1Opinion of the CourtOrmond, J.
The delivery of a writ of attachment, or fieri facias to an officer, is a command to levy it on the property of the defendant; if he levies it on the property of a stranger, he is a trespasser. We do not think there is in law, or in reason, any substantial distinction, between the levy of an execution on the property of a stranger, or the levy upon articles exempt by law from levy and sale, after the sheriff has béen warned of the fact, that they are exempt. Our first impression was, that there was a distinction, from the fact, that these exempt articles were always in the possession of the…
2Cited by19 opinions
- Gordon v. StateSupreme Court of Alabama · 1882
- Moore v. StateSupreme Court of Alabama · 1882
- Hurst v. StateSupreme Court of Alabama · 1888
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Dominick v. StateSupreme Court of Alabama · 1867
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