Chenault v. Walker
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. Before the Hon. Thomas A. Walker. Debt, brought against the defendant, as sheriff, for .taking illegal fees. The facts, so far as they are material to be stated, are, that on the 4th December, 1843, an attachment was issued against the plaintiff, and was levied by the defendant, on eight slaves.
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Error to the Circuit Court of St. Clair. Before the Hon. Thomas A. Walker. Debt, brought against the defendant, as sheriff, for .taking illegal fees. The facts, so far as they are material to be stated, are, that on the 4th December, 1843, an attachment was issued against the plaintiff, and was levied by the defendant, on eight slaves. The defendant took these slaves into his possession, and retained them for twelve months, during which time, he fed and clothed them, and paid taxes for them. A judgment was finally rendered against the plaintiff, and a fieri facias issued thereon, bearing date…
1Opinion of the CourtDargan, J.
The act under which this action is brought, provides, that if any officer shall presume 'to demand, and receive, any other, or higher fees, than are prescribed by this act, he shall be liable in damages, to the party aggrieved, four fold the fees so unlawfully demanded, and received, to be recovered in any court of competent jurisdiction, &c. This act, however, makes no provision for compensation to sheriffs, who by virtue of process, take possession of, and retain in their custody slaves, or other property, that requires sustenance and support. But the act of 1807 (Clay’s Dig. 203,)…
2Cited by2 opinions
- Kahn v. LockeSupreme Court of Alabama · 1883
- Chenault's Administrators v. WalkerSupreme Court of Alabama · 1853