Casky v. Haviland, Risley & Co.
Supreme Court of Alabama
Writ of Error to the County Court of Randolph. In the transcript, there is a notice addressed to Robert Casky, late sheriff of Randolph, informing him that during the term of the county court of Randolph county to be hold-en on the fourth Monday of July, 1846, the defendants in error would move for judgment under the act of 1819, against him and the sureties in his official bond, as sheriff of Randolph, for the amount of a fieri facias issued from that court in favor of the…
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Writ of Error to the County Court of Randolph. In the transcript, there is a notice addressed to Robert Casky, late sheriff of Randolph, informing him that during the term of the county court of Randolph county to be hold-en on the fourth Monday of July, 1846, the defendants in error would move for judgment under the act of 1819, against him and the sureties in his official bond, as sheriff of Randolph, for the amount of a fieri facias issued from that court in favor of the plaintiff in the motion against John Gooden and Lawson B. McKee, for the sum of $305 81 damages, and the sum of $13 431…
1Opinion of the CourtCollier, C. J.
1. We do not perceive any objection to the notice. It was sufficient to alledge that Casky was sheriff when the fierifacias was placed in his hands, without averring the continuance of ¡his official character up to the time when the same was returnable. If the determination of his office between the periods of the receipt and return of the execution, could have availed any thing in the defence, it devolved upon him to show the fact; and it was not incumbent on the plaintiff to prove the reverse. This proposition is so entirely consistent with legal analogies, that argument is unnecessary to…
2Cases cited3 opinions
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
- Kemp v. PorterSupreme Court of Alabama · 1844
- Haden v. WalkerSupreme Court of Alabama · 1843
3Cited by10 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Barry v. Screwmen's Benevolent Ass'nTexas Supreme Court · 1887
- Lundy v. StateSupreme Court of Alabama · 1890
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