Reid v. Jackson
Supreme Court of Alabama
THE defendant in error showed to the Circuit Court of Montgomery, that a writ of fieri facias had been theretofore issued, by the clerk of that court, at the suit of the defendant, against James Harrison, for the sum of sixty dollars damages, and twelve dollars costs; that the same was placed in the hands of John W. T. Reid, on the 26th day of March, 1839, who then was, and still is the sheriff of Montgomery county; and that Reid has failed and refused to make the money…
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THE defendant in error showed to the Circuit Court of Montgomery, that a writ of fieri facias had been theretofore issued, by the clerk of that court, at the suit of the defendant, against James Harrison, for the sum of sixty dollars damages, and twelve dollars costs; that the same was placed in the hands of John W. T. Reid, on the 26th day of March, 1839, who then was, and still is the sheriff of Montgomery county; and that Reid has failed and refused to make the money required by the mandate of the fi.fa. Thereupon, the defendant in error, suggested to the court, that Reid, as sheriff,…
1Opinion of the CourtCollier, C. J.
— This case comes here by writ of error, and the only question raised is, was the Circuit Court authorized to render a judgment against the securities, without causing them to be first advised, by notice, that the suggestion was made.
This proceeding is founded upon the third section of an act, passed in 1826, entitled “an act, the better to secure money, in the hands of clerks, sheriffs, and coroners.” (Aik. Dig. 175.) So much of which, as it is necessary to recite, is as follows: “Whenever any sheriff or coroner, to whom an execution shall have been delivered, shall fail to make the money,…
2Cited by2 opinions
- Warwick v. BrooksSupreme Court of Alabama · 1881
- Arthur v. StateSupreme Court of Alabama · 1853