Johnson v. Cunningham
Supreme Court of Alabama
THIS was a proceeding against the defendant, as the sheriff of St. Clair. The plaintiff suggested to the circuit court of that county, that an execution issued on a judgment of that court, in his favor, for the sum of two hundred and eighty dollars and sixty-two cents, besides interest and cost, was placed in the defendant’s hands to make the money thereon, by a levy on, and sale of, the goods and chattels, lands and tenements, of Robert Lawson.
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THIS was a proceeding against the defendant, as the sheriff of St. Clair. The plaintiff suggested to the circuit court of that county, that an execution issued on a judgment of that court, in his favor, for the sum of two hundred and eighty dollars and sixty-two cents, besides interest and cost, was placed in the defendant’s hands to make the money thereon, by a levy on, and sale of, the goods and chattels, lands and tenements, of Robert Lawson. That with due diligence he could have collected the money on the execution, but by the want of diligence, he had failed to collect the same. Notice…
1Opinion of the CourtCollier, C. J.
— The plaintiff insists that the judgment of the circuit court is erroneous. First — Because that court refused to permit John F. Dill, a witness introduced by him, (the plaintiff) to testify as to the several matters, which it was proposed to prove by him. Second — Because Joel Chandler, a witness for the defendant, was permitted to depose in a manner, and to facts wholly inadmissible. Third — Because the court refused to charge the jury that the agreement made by the agent of the plaintiff’s attorney, with the defendant, was void. Fourth — Because the court erred in the several instructions…
2Cases cited1 opinion
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