Spence v. Tuggle
Supreme Court of Alabama
Error to the Circuit Court of Talladega. This action was bronght to recover damages for alledged neglect on the part of plaintiff in error, as sheriff, in not serving a writ of capias ad satisfaciendum, sued out by the defendant in error, on the 2d of January, 1843, for $700, besides damages and costs, on a judgment obtained by him against William Miller, Henry Carter, and John W. Carter, which writ came into plaintiff’s hands, as sheriff, for service and execution and also…
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Error to the Circuit Court of Talladega. This action was bronght to recover damages for alledged neglect on the part of plaintiff in error, as sheriff, in not serving a writ of capias ad satisfaciendum, sued out by the defendant in error, on the 2d of January, 1843, for $700, besides damages and costs, on a judgment obtained by him against William Miller, Henry Carter, and John W. Carter, which writ came into plaintiff’s hands, as sheriff, for service and execution and also for a false return by plaintiff in error, to the ca. sa. The declaration contains four counts; the first alledges, that…
1Opinion of the CourtCollier, C. J.
The three first counts of the declarations state every thing that it is necessary to prove, to entitle *542the plaintiff to recover. If they are objectionable for any cause, it is perhaps for setting out the cause of action at too great length, and making some superfluous allegations. But these are not available on demurrer, utile per inutile non vi-tiatur.
It is insisted by the third plea, that the plaintiff is not entitled to maintain his action, because he did not make the necessary affidavit to authorize the issuing of the ca. sa. for the failure to execute which, the defendant is sought to be…
2Cited by10 opinions
- Benje v. Creagh's Adm'rSupreme Court of Alabama · 1852
- Bergman v. United StatesDistrict Court, W.D. Michigan · 1983
- Walker v. BlassingameSupreme Court of Alabama · 1850
- Armstrong v. Roger's Outdoor SportsSupreme Court of Alabama · 1991
- Grace v. McKissackSupreme Court of Alabama · 1873
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