Pond v. Griffin
Supreme Court of Alabama
Writ of error to the Circuit Court of Coosa County. THIS was a proceeding against the sheriff of Talladega county, on a suggestion that by the use of proper diligence, he could have made the money on an execution, in favor of the plaintiff against one Johns, which the sheriff had returned “ no property.” An issue was made between the parties and a verdict returned for the defendant, on which judgment was entered.
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Writ of error to the Circuit Court of Coosa County. THIS was a proceeding against the sheriff of Talladega county, on a suggestion that by the use of proper diligence, he could have made the money on an execution, in favor of the plaintiff against one Johns, which the sheriff had returned “ no property.” An issue was made between the parties and a verdict returned for the defendant, on which judgment was entered. At the trial the plaintiff showed in evidence his execution, which was placed in the hands of the defendant, as sheriff, on the 6th day of May, 1S39. His judgment was founded on…
1Opinion of the CourtGoldthwaite, J.
— It is certain that at common law, the goods and chattels of the judgment debtor were bound from the award of the execution, but it is not so clear whether the award spoken of, refers to the date, or the issuance of the court. In an anonymous case reported in Cro. Jas. 470, it is said goods are bound for the amount of the execution. In the case of Bencher v. Wiseman, ib. 440, the execution is said binds from its date. It is certain, however, that at common law the plaintiff might have several executions to different counties; (10 Vern. ab. 558; Dyer 161, b. pl. 51,) but we do not find any…
2Cases cited2 opinions
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- Clagget v. ForeeCourt of Appeals of Kentucky · 1833
3Cited by7 opinions
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Langdon v. RaifordSupreme Court of Alabama · 1852
- Merrick & Fenno v. HuttSupreme Court of Arkansas · 1854
- Branch Bank v. BroughtonSupreme Court of Alabama · 1848
- Joseph v. HendersonSupreme Court of Alabama · 1891
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