Barron v. Tart
Supreme Court of Alabama
Error to the County Court of Perry. This was a motion rpade by the plaintiff in error, as administrator of James B. Tutt, against the defendant in error, to quash an execution and to re-tax the costs.
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Error to the County Court of Perry. This was a motion rpade by the plaintiff in error, as administrator of James B. Tutt, against the defendant in error, to quash an execution and to re-tax the costs. It appears that the defendant in error recovered a judgment in the County Court of Perry against the said James B. Tutt in his life-time, on which execution issued on the 5th December 1841, and was placed in the hands of the then sheriff of Sumter county; that the sheriff levied said execution on sundry slaves as the property, of the said James B. Tutt and that the sale thereof was stayed by…
1Opinion of the CourtChilton, J.
1. However erroneous may be the judgment of revivor, which was rendered upon the scire facias, we *670think it is not absolutely void, and therefore it cannot be collaterally impeached. Until set aside by a direct proceeding, an execution may properly issue upon it.
2. At the time the sheriff of Sumter county made a levy upon the original execution, namely, in Dec. 1841, he was entitled by law to receive half commissions for levying the execution, having been prevented by injunction from selling the property levied upon. — Clay’s Dig. 235. This right to half commissions having attached, was not…
2Cases cited6 opinions
- Briley v. HodgesSupreme Court of Alabama · 1836
- Spence v. ThompsonSupreme Court of Alabama · 1847
- Hardy v. GascoignesSupreme Court of Alabama · 1838
- Renfro v. KellySupreme Court of Alabama · 1846
- Creagh v. SavageSupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ryan v. YoungSupreme Court of Alabama · 1906
- Baker v. BarcliftSupreme Court of Alabama · 1884
- Gunn v. HowellSupreme Court of Alabama · 1859
- Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
- Bradford v. BarclaySupreme Court of Alabama · 1868
5 more not listed; retrieve them via the Exa API.