Kemp v. Porter
Supreme Court of Alabama
Wmt of Error to the Circuit Court of Autauga. A fieri facias on the 30th April, 1842, was issued from the circuit court of Autauga, against the goods and chattels, lands and tenements of Messrs Hearndon & Kelly, requiring to be made the sum of twenty-two hundred and fifty dollars and forty-eight cents, besides costs, which had then lately been adjudged to the plaintiffs.
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Wmt of Error to the Circuit Court of Autauga. A fieri facias on the 30th April, 1842, was issued from the circuit court of Autauga, against the goods and chattels, lands and tenements of Messrs Hearndon & Kelly, requiring to be made the sum of twenty-two hundred and fifty dollars and forty-eight cents, besides costs, which had then lately been adjudged to the plaintiffs. This execution was placed in the hands of the defendant, the sheriff of Benton, who indorsed thereon, that he had levied the same on real and personal estate, particularly designated. The levy is dated the 9th of May, 1842,…
1Opinion of the Court
COLLIER, C- J.
It is objected by the defendant, that the permission of the circuit court to amend his return, is not a final judgment or decree, which can be reviewed on error. The amendment certainly settles no question definitive of the rights of either party. ■ It will not bar the proceeding which the plaintiffs have instituted for the failure of the sheriff to make the money on their execution. The return of a sheriff in such case, is never regarded as conclusive evidence in his favor, but may be falsified by proof. True, in the present case, the indorsement of a levy on the execution,…
2Cited by6 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Nodd v. StateCourt of Criminal Appeals of Alabama · 1989
- Lundy v. StateSupreme Court of Alabama · 1890
- Casky v. Haviland, Risley & Co.Supreme Court of Alabama · 1848
- Ex parte HillSupreme Court of Alabama · 1910
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