Condry v. Henley & Murphey
Supreme Court of Alabama
In error from Jefferson County Court. This was a motion, submitted before a justice of the peace, and carried, by certiorari, into the County Court. It appeared that an execution had been committed to Condry, who was a constable, which lie had failed to return ; and the motion was made under the statute, against him, and the sureties to his bond.
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In error from Jefferson County Court. This was a motion, submitted before a justice of the peace, and carried, by certiorari, into the County Court. It appeared that an execution had been committed to Condry, who was a constable, which lie had failed to return ; and the motion was made under the statute, against him, and the sureties to his bond. It was assigned in error, here, in reference to the judgment of the County Court — first, that no declaration was filed in the cause: second, that a jury was sworn to try the issue, when none was formed : third, that the motion did not disclose the…
1Opinion of the CourtTaylor, J.
This case originated before a justice of the peace, and was a motion against a constable, for not returning an execution which had been delivered to him for collection. The motion was against the constable and his securities, according to the statute. The justice rendered a judgment against the plaintiffs in error, who were the.defendants before bim ; and the cause was carried into the County Court, by certiorari.
Several assignments of error have been made— the first of which is, that “the plaintiffs” (the defendants in error) “ proceeded to trial and judgment without a declaration.”
The…
2Cited by1 opinion
- Henderson v. PlumbSupreme Court of Alabama · 1850