Dennis v. Chapman
Supreme Court of Alabama
ERROR to the Circuit Court of Randolph. Tried before the Hon. John J. Woodward, Tins was an action of covenant brought in the name • of the Governor for the use of Culbreath,.against the securities of a constable, on his official bond. The constable had levied two executions in his hands on a slave, and sold her after the return day of the executions.
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ERROR to the Circuit Court of Randolph. Tried before the Hon. John J. Woodward, Tins was an action of covenant brought in the name • of the Governor for the use of Culbreath,.against the securities of a constable, on his official bond. The constable had levied two executions in his hands on a slave, and sold her after the return day of the executions. The slave brought more than enough to satisfy the executions, and this action is brought by the defendant in the executions to recover the residue. It appears from the bill of exceptions, that the defendants in the court below introduced one…
1Opinion of the CourtDargan, C. J.
This was an action of covenant brought against the securities of a constable under the following circum-. stances. The constable sold a slave belonging to the plaintiff,' to satisfy executions he had against him; the slave brought more than enough to satisfy the debts, and the plaintiff demanded the surplus remaining in his hands, but the constable .failed to pay.it over; several objections were taken to the ruling of the court, which we will notice in the order they are presented by -the assessment of errors.
1. The demurrer to the declaration was correctly overruled; the declaration is…
2Cases cited1 opinion
- Evans v. State BankSupreme Court of Alabama · 1848
3Cited by8 opinions
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Ryan v. CouchSupreme Court of Alabama · 1880
- Murphree v. International Shoe Co.Supreme Court of Alabama · 1945
- Ireland v. Linn County BankSupreme Court of Kansas · 1918
- Graves v. &198tna Ins. Co. of Hartford, Conn.Supreme Court of Alabama · 1926
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