Wilson v. Sawyer
Supreme Court of Alabama
Appeal The before the Hon. James 13. MautiN. Tfie: action was brought by John B. 'Wilson, against Hen; v J; Sawyer, to recover the sum of about $250, money reta o a! by the defendant as his commissions, as sheriff, on the :.:ue of property under an execution against the plaintiff; and. was commenced on the 13th August, 1860. The execution was issued, on.the 13th March, 1868, on á decree ren-den J by the probate court, on the 3th March, 1858,'is. favor of 'Martha J. Wilson,…
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Appeal The before the Hon. James 13. MautiN. Tfie: action was brought by John B. 'Wilson, against Hen; v J; Sawyer, to recover the sum of about $250, money reta o a! by the defendant as his commissions, as sheriff, on the :.:ue of property under an execution against the plaintiff; and. was commenced on the 13th August, 1860. The execution was issued, on.the 13th March, 1868, on á decree ren-den J by the probate court, on the 3th March, 1858,'is. favor of 'Martha J. Wilson, against ih.> plaintiff; went into the mils of the defendant, as sheriff of the county, and was 'whim levied on the…
1Opinion of the CourtR. W. Walker, J.
The question presented by this record.is, whether a sheriff, who has sold propeity under a fi.fa. regular on its face, but issued upon a judgment which was void, because the judge was incompetent to try the case, (Code, $ 560; Wilson v. Wilson, 36 Ala. 655,) is entitled, as against the defendant in the execution, to retain his commissions out of the proceeds of the sale.
The Code provides, that whenever it appears that -the process is regular on its face, and is issued by the competent'authority, a sheriff or other ministerial officer, is justified in- the execution of the same, whatever may…
2Cases cited8 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Rogers v. MullinerNew York Supreme Court · 1831
- Cook v. AdamsSupreme Court of Alabama · 1855
- Wilson v. WilsonSupreme Court of Alabama · 1860
- Forward v. MarshSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Mobile & Montgomery Railway Co. v. WilkinsonSupreme Court of Alabama · 1882
- Clark v. LambSupreme Court of Alabama · 1884
- Walker v. GrahamSupreme Court of Alabama · 1934
- Magnaud v. TraegerCalifornia Court of Appeal · 1924
2 more not listed; retrieve them via the Exa API.