Hodges v. Laird
Supreme Court of Alabama
Writ of Error from the Circuit Court of Barbour. Motion against Hodges, the sheriff of Barbour, and his sureties, for failing to pay over money collected on a fi. fa. issued at the suit of Laird against one Richburg.
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Writ of Error from the Circuit Court of Barbour. Motion against Hodges, the sheriff of Barbour, and his sureties, for failing to pay over money collected on a fi. fa. issued at the suit of Laird against one Richburg. At the hearing of the motion, the sheriff moved the court to amend his return on the fi- fa., and it being made to appear that certain land sold by the sheriff, as shown by his return, had never been paid for by the purchaser, leave was granted to amend the return so as to show that fact. The plaintiff was present, and objected to allowing the amendment, whilst the motion was…
1Opinion of the Court
GOLDTHWAXTE, J.-
1. Our statutes give a .summary remedy against sheriffs and their sureties, for failing to return executions, for failing to make the money when by the use of due diligence it may be made, and for failing, after demand, to pay over money collected. In the last case, a penalty is imposed of five per cent, per month, on the sum collected, for each month the sheriff may continue in default, after the demand. It is obvious this penalty should be recovered only in cases where the money is actually collected, as there are ample remedies for the mere neglect of duty in other…
2Cases cited2 opinions
- Cook v. BloodgoodSupreme Court of Alabama · 1845
- Brandon v. SnowsSupreme Court of Alabama · 1830
3Cited by8 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Niolin v. HamnerSupreme Court of Alabama · 1853
- Jeffries v. RudloffSupreme Court of Iowa · 1887
- Leavitt v. SmithSupreme Court of Alabama · 1848
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