Adams v. White
Supreme Court of Alabama
Error to the Circuit Court of Macon County. This was a motion in the Circuit Court of Macon, against the plaintiff in error as sheriff, and others, as his sureties, under the statute, suggesting that the money could have been made by due diligence.
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Error to the Circuit Court of Macon County. This was a motion in the Circuit Court of Macon, against the plaintiff in error as sheriff, and others, as his sureties, under the statute, suggesting that the money could have been made by due diligence. A written notice was served on the sheriff and his sureties, which avers the recovery of the judgment, that the execution which issued thereon came to the sheriff’s hands — that he could have made the money thereon by due diligence, and that the other defendants in the motion, were the sureties of the sheriff. At the same term, during which the…
1Opinion of the CourtOrmond, J.
— The act, under which this motion is made, is to the following effect — “ whenever any sheriff, &c. to whom an .execution shall have been delivered, shall fail to make the money on or before the first day of the term of the Court to which .such execution shall be returnable, and the plaintiff, or his attorney, shall suggest to the Court that the money could have been made by said sheriff or coroner with due diligence, it shall be the duty of the Court forthwith to cause an issue to be made up to try the fact; and if it shall be found by the jury, that the money could have been made by the…
2Cases cited1 opinion
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
3Cited by4 opinions
- Gary v. HathawaySupreme Court of Alabama · 1844
- Harris v. MurfreeSupreme Court of Alabama · 1875
- Gary v. WoodSupreme Court of Alabama · 1842
- Robertson v. LockeSupreme Court of Alabama · 1844