Gary v. Wood
Supreme Court of Alabama
This was a suggestion in the County Court of Sumter by the defendant in error against Gary, as sheriff of that county and his sureties, that the sheriff could, by due diligence, have made the amount of an execution issued from that Court and placed in his hands, at the suit of the defendant in error against John Hillman for the amount of one hundred and thirty-one dollars damages, and thirteen dollars and sixty-eight cents costs of suit.
Read the full summary
This was a suggestion in the County Court of Sumter by the defendant in error against Gary, as sheriff of that county and his sureties, that the sheriff could, by due diligence, have made the amount of an execution issued from that Court and placed in his hands, at the suit of the defendant in error against John Hillman for the amount of one hundred and thirty-one dollars damages, and thirteen dollars and sixty-eight cents costs of suit. The service of notice of the suggestion is acknowledged by the sheriff — there is no plea in the record, but a judgment was rendered as follows : “ Whereupon…
1Opinion of the CourtCollier, C. J.
1. The suggestion of the want of diligence on the part of the sheriff expressly asserts that the execution came to the hands of Mathias E. Gary, on the first day of April, 1841, and that he was then sheriff of Sumter county. In truth it alledges every fact with precision which was ne*298cessary to invest the Court with the summary jurisdiction provided by statute.
2. In respect to the second point made by the plaintiff in error, it is insisted that it is not enough that the suggestion be complete in its recitals and allegations, but the judgment itself must set out every fact necessary to…
2Cases cited4 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
- Puckett v. PopeSupreme Court of Alabama · 1842
- Adams v. WhiteSupreme Court of Alabama · 1841