Westmoreland v. Hale
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Macon. This was a proceeding by notice and motion against the defendant in error for failing to return a writ of fieri facias placed in his hands, as the sheriff of Montgomery.
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Writ of Error to the Orphans’ Court of Macon. This was a proceeding by notice and motion against the defendant in error for failing to return a writ of fieri facias placed in his hands, as the sheriff of Montgomery. The no--tice describes the execution with particularity, as to the date, amount, parties, dec.; states that on the 21st December, 1845, it was delivered to the defendant, and returnable on the second Monday in January; and indicates that the motion will be made under the act of 1819. Upon the case coming before the court pursuant to the notice, the defendant moved to dismiss the…
1Opinion of the CourtCollier, C. J.
The act of 1807 declares, that “all persons who shall recover any debt,” &c. “ by the judgment of any court of record within this State, may at their election, prosecute writs of fieri facias,” &c.. [Clay’s Dig. 199, § 1.] This enactment, though applying professedly to all courts of record, was limited in its operation to those which were permitted to render judgments on which executions could issue, and did not necessarily confer the power to render such judgments, or in any manner interfere with the previous proceedings in a cause. The authority of a court to issue execution, depends upon…
2Cited by4 opinions
- Little v. KnoxSupreme Court of Alabama · 1849
- Little v. HeardSupreme Court of Alabama · 1849
- Binion v. CommonwealthCourt of Appeals of Kentucky · 1924
- Peerson v. Ashcraft Cotton MillsSupreme Court of Alabama · 1917