Miller v. McWilliams
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. P. O. Harper. This was a motion by F. M. Miller, the appellant, for a summary judgment against E. C. McWilliams, as sheriff of said county, on account of his failure to make the money on an execution, which was issued on a judgment recovered by said appellant against the town of Camden.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. P. O. Harper. This was a motion by F. M. Miller, the appellant, for a summary judgment against E. C. McWilliams, as sheriff of said county, on account of his failure to make the money on an execution, which was issued on a judgment recovered by said appellant against the town of Camden. On the hearing of the motion, it was admitted that the town of Camden, as a corporation, owned no property; that the plaintiff requested the sheriff to levy the execution on the private property of the inhabitants within the corporate limits ; that…
1Opinion of the CourtPeters, C. J.
The question presented by this appeal is, whether the private property of an inhabitant of an incorporated town is liable to be seized on execution issued on a judgment against the town as a corporation, and sold for the satisfaction of such judgment, when the town possesses no property of its own. This seems to be a question heretofore unsettled in this State. In a well considered case in the supreme court of the State of Mississippi, it was settled in that State in 1853, that, where there is no provision in the act of incorporation, which authorized a resort to the individual property of…
2Cases cited3 opinions
- Walkley v. City of MuscatineSupreme Court of the United States · 1868
- Ex parte Selma & Gulf RailroadSupreme Court of Alabama · 1871
- Horner v. CoffeyMississippi Supreme Court · 1853