Gary v. Frost
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the third District. This bill is filed by Gary against Frost and Dickerson and five other defendants, and the case made by it is as follows, to wit: Gary, the complainant, in the year 1842, was the sheriff of Sumter county.
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Writ of Error to the Court of Chancery for the third District. This bill is filed by Gary against Frost and Dickerson and five other defendants, and the case made by it is as follows, to wit: Gary, the complainant, in the year 1842, was the sheriff of Sumter county. On the 16th of March of that year, he received six writs of Ji. fa.; that is one in favor of each of the defendants against the goods, &c. of J. D. Bain, J. A. Smith, T. L. Beville, and C. Davis, all of which, on the 3d and 23d of June, were levied upon the same property, which being sold, produced only a partial satisfaction;…
1Opinion of the CourtGoldthwaite, J.
In order to determine whether there is or is not a case for equitable relief made by this bill, it is necessary to ascertain, so far as we can, the intention of the Legislature in giving the summary remedy against sheriffs for omitting to make money on executions when that can be made by the use of due diligence. [Digest, 218, § 85.]
There are no terms used from which it can be inferred the recovery is given as a mere penalty, although the injured party is allowed 10 per cent, on the amount of his execution in that aspect. The words of the enactment seem to give the remedy only when the…
2Cases cited2 opinions
- Bell v. KingSupreme Court of Alabama · 1838
- Gary v. HathawaySupreme Court of Alabama · 1844
3Cited by3 opinions
- Mitchell, Adm'r v. SpenceSupreme Court of Alabama · 1878
- Allen v. PraterSupreme Court of Alabama · 1857
- Brice v. LideSupreme Court of Alabama · 1857