Samples v. Walker
Supreme Court of Alabama
Writ of Error to the Circuit Court of Randolph. Motion, at the instance of Henry Baker, against Walker, as sheriff, and others, as his sureties, for failing to return an execution, and for failing to pay over the amount of it.
Read the full summary
Writ of Error to the Circuit Court of Randolph. Motion, at the instance of Henry Baker, against Walker, as sheriff, and others, as his sureties, for failing to return an execution, and for failing to pay over the amount of it. The notice of the motion is dated in December, 1842, and is addressed to the sheriff and his sureties, by name, advising them that at the next term of the County Court a motion would be made against them for the amount of a certain execution there set out. In this notice the execution is described as having been issued on the 7th January, 1842, returnable to the County…
1Opinion of the CourtGoldthwaite, J.
The whole of this case amounts to no more than this. The sheriff, in defence of a motion against himself and sureties, attempts to shew, and succeeds in shewing, the execution ivas made returnable on an impossible day. This is only what the jfiaintiff in the motion had previously admitted in his notice, as the execution is there *728set out precisely as it afterwards appeared in evidence. It is the established rule, that no sheriff will be permitted to discharge himself on account of any irregularity in process. [Watson on Sheriffs, 53; McRae v. Colclough, 2 Ala. Rep. 74; Woods v. Bondurant, 1…
2Cases cited1 opinion
- McRae v. ColcloughSupreme Court of Alabama · 1841
3Cited by5 opinions
- White v. FarleySupreme Court of Alabama · 1886
- Steele v. TutwilerSupreme Court of Alabama · 1880
- DeLoach v. RobbinsSupreme Court of Alabama · 1893
- Waldrop v. Friedman & LovemanSupreme Court of Alabama · 1890
- Couch v. AtkinsonSupreme Court of Alabama · 1858