Leavitt v. Smith
Supreme Court of Alabama
Error to the Circuit Court of Coosa. Before the Hon. J, D. Phelan. Motion by the plaintiff in error, against the defendant, as sheriff, suggesting that by proper diligence, he could have made the money on an execution, which came to his hands, in favor of the plaintiff, against J. M. Friou.
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Error to the Circuit Court of Coosa. Before the Hon. J, D. Phelan. Motion by the plaintiff in error, against the defendant, as sheriff, suggesting that by proper diligence, he could have made the money on an execution, which came to his hands, in favor of the plaintiff, against J. M. Friou. From a bill of exceptions, it appears, that a few days after the levy was made by the sheriff, which was the 1st February, 1840, in virtue of plaintiff’s execution, upon a stock of goods of the defendant in execution, the sheriff had in his possession, an affidavit made by A. B. Dawson, as assignee of the…
1Opinion of the CourtChilton, J.
This case, which has been so elaborately argued, has been twice before this court, and most of the points of law involved in it have been settled by the previous adjudications. See Leavitts v. Smith, 7 Ala. Rep. 175, and Smith v. Leavitts, 10 Ala. Rep. 92.
The errors now assigned are : 1. That the court erred in permitting the defendant to read to the jury the amended return made by him under an order of the circuit court of Coosa county, at the fall term, 1840, authorizing it, upon the execution, for failing to make the money upon which, he is ruled. 2. That the court erred in charging the…
2Cases cited7 opinions
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Smith v. LeavittsSupreme Court of Alabama · 1846
- Hodges v. LairdSupreme Court of Alabama · 1846
- Easley v. WalkerSupreme Court of Alabama · 1846
- Kemp v. PorterSupreme Court of Alabama · 1844
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