Eslava v. Jones
Supreme Court of Alabama
Appeal Horn the Circuit Court of Mobile. Tried before the Hon. Vi. E. Clarke. This action was brought by Odyle Eslava against Bichard E. Jones, the clerk of the Circuit Court, and was commenced on the 4th November, 1884. The complaint claimed damages for the defendant’s alleged negligent and wrongful act in issuing a writ of venditioni exponas, under which the sheriff sold a certain lot or parcel of land.
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Appeal Horn the Circuit Court of Mobile. Tried before the Hon. Vi. E. Clarke. This action was brought by Odyle Eslava against Bichard E. Jones, the clerk of the Circuit Court, and was commenced on the 4th November, 1884. The complaint claimed damages for the defendant’s alleged negligent and wrongful act in issuing a writ of venditioni exponas, under which the sheriff sold a certain lot or parcel of land. The writ, which was set out in the complaint, and was dated January 22d, ’ 1881, recited that an execution had been levied on the land, as the property of Celestino Eslava, on' a judgment…
1Opinion of the CourtClopton, J.
— -When an individual suffers damages by any act of negligence or misconduct of a public officer, in respect to any ministerial duty annexed to his office, he is answerable to such individual in a civil action; but, in such case, a wrong committed by the officer, and resulting damage to. the party complaining, must concur, to give title to a remedy. — Bellinger v. Glenn, 80 Ala. 190. While actual or specific damage is not indispensable, the party complaining, however amiss may be the act, must have suffered injury, either actual or implied, or presumed, from an invasion of his rights, or from…
2Cases cited5 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Harrington v. WardMassachusetts Supreme Judicial Court · 1812
- Bellinger v. Glenn, Brockway & Co.Supreme Court of Alabama · 1885
- Sims v. EslavaSupreme Court of Alabama · 1883
3Cited by5 opinions
- Clikos v. LongSupreme Court of Alabama · 1936
- Wilder v. BushSupreme Court of Alabama · 1917
- Boston Insurance v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
- Waring v. FletcherIndiana Supreme Court · 1898
- Coleman v. LytleCourt of Appeals of Texas · 1908