Thompson v. Acree
Supreme Court of Alabama
Appeal from Covington Circuit Court. Tried before lion. John P.. Hubbard. This was a motion for a summary judgment against James A. Thompson, the sheriff of said county, and the sureties on his official bond, the appellants, and was commenced by the appellee before a justice of the peace, before whom he obtained a judgment. The cause was then taken by appeal to the Circuit Court, where it was tried de novo, the trial resulting in a verdiet and judgment for the appellee.
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Appeal from Covington Circuit Court. Tried before lion. John P.. Hubbard. This was a motion for a summary judgment against James A. Thompson, the sheriff of said county, and the sureties on his official bond, the appellants, and was commenced by the appellee before a justice of the peace, before whom he obtained a judgment. The cause was then taken by appeal to the Circuit Court, where it was tried de novo, the trial resulting in a verdiet and judgment for the appellee. The appellants demurred to the motion, but their demurrer was overruled by the court. The other facts are stated in the…
1Opinion of the CourtSomeryille, J.
This is a motion for a summary judgment against the sheriff of Covington county, and the sureties ■on his official bond, for the negligent failure to execute a writ of attachment.
The attachment issued from a justice’s court, and was levied by the sheriff upon certain personal property of the defendant *179in attachment, one Holley. This was done under the provisions of section 733 of the present Code, which authorizes sheriffs to execute all mesne and final process which can be executed by constables.
The -main question presented is, whether the justice’s court had jurisdiction of the motion.
The…
2Cited by2 opinions
- Parks v. BryantSupreme Court of Alabama · 1902
- Hood v. BlairSupreme Court of Alabama · 1891