Lore v. McRae
Supreme Court of Alabama
Error to the Circuit Court of Barbour. On the 7th January, 1847, a writ oí fieri facias issued from the circuit court of Barbour, against Duncan McRae, and others, on a judgment previously rendered, in favor of the plaintiff in error, which was made returnable to “ our next circuit court, to be holden for said county, on the third Monday in October next.”
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Error to the Circuit Court of Barbour. On the 7th January, 1847, a writ oí fieri facias issued from the circuit court of Barbour, against Duncan McRae, and others, on a judgment previously rendered, in favor of the plaintiff in error, which was made returnable to “ our next circuit court, to be holden for said county, on the third Monday in October next.” The sheriff returned the execution into the clerk’s office on the 14th April, 1847, and at the spring term, 1847, the defendant moved to quash the execution, and because it was made returnable to the October term, it was quashed by the…
1Opinion of the CourtOrmond, J.
The statute referred to, directs that all process shall issue returnable to the next succeeding court, and the only question in the cause is, whether that is not the legal effect of this writ.
It was issued on the 7th January, 1847, and is made returnable to “our next circuit court, tobe holden for said county.” This is in precise accordance with the statute, and is not vitiated by the addition that the court thus indicated would be held in October, succeeding the time of issuing the writ. This addition was wholly unnecessary, as the law fixes, and ascertains when the next term of the circuit…
2Cases cited1 opinion
- Findley v. RitchieSupreme Court of Alabama · 1839
3Cited by3 opinions
- Waddill v. JohnSupreme Court of Alabama · 1872
- Anderson v. Pearce & StewartSupreme Court of Arkansas · 1880
- State v. RickettsMississippi Supreme Court · 1889