Governor v. Gibson
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. Before the Hon. J. D. Phelan. Debt on the official bond of Elbert L. Gibson, sheriff of St. Clair. The breaches assigned are, that he levied certain writs of attachment of the plaintiff, against the Mississippi and Alabama Rail Road Co., on certain slaves; that judgments were obtained against the defendant in attachment, but that on demand, the slaves were not delivered to satisfy the judgments.
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Error to the Circuit Court of St. Clair. Before the Hon. J. D. Phelan. Debt on the official bond of Elbert L. Gibson, sheriff of St. Clair. The breaches assigned are, that he levied certain writs of attachment of the plaintiff, against the Mississippi and Alabama Rail Road Co., on certain slaves; that judgments were obtained against the defendant in attachment, but that on demand, the slaves were not delivered to satisfy the judgments. The defendants pleaded, that the slaves levied on were not liable to the attachments; also, that the slaves were taken out of the possession of the sheriff, by…
1Opinion of the CourtCollier, C. J.
We have repeatedly held, that a sheriff or other officer who levies a fieri facias or other process on personal property may be sued in detinue by one who claims a legal right to it; and the action may be prosecuted in the ordinary mode of proceeding, or according to the provisions of the statute upon the subject. Bissell & Carville v. Lindsay et al. 9 Ala. Rep. 162; Easley v. Dye and Dye by their next friend, at the last term. Here the suit by Me Aden against the defendant, Gibson, was instituted as the statute provides, and the slaves taken into the possession of the cor*332oner, under the…
2Cases cited4 opinions
- Dumas & Co. v. PattersonSupreme Court of Alabama · 1846
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Mason v. WattsSupreme Court of Alabama · 1845
- Bissell v. LindsaySupreme Court of Alabama · 1846
3Cited by4 opinions
- McPhillips v. McGrathSupreme Court of Alabama · 1897
- Milner & Kettig Co. v. DeLoach Mill Manufacturing Co.Supreme Court of Alabama · 1903
- Smith, Stewart Co. v. CastellowSupreme Court of Alabama · 1889
- M'Carthy v. O'MarrMontana Supreme Court · 1897