Higdon v. Fields
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Motion by W. M. Fields against E. L. Higdon as sheriff, and tbe sureties on his official bond, for a summary judgment for failure of the sheriff to levy an attachment writ, coming into his hands as such officer. From a judgment granting the motion defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Motion by W. M. Fields against E. L. Higdon as sheriff, and tbe sureties on his official bond, for a summary judgment for failure of the sheriff to levy an attachment writ, coming into his hands as such officer. From a judgment granting the motion defendant appeals. The charges referred to in the thirteenth and fourteenth assignments of error are as follows : “(13) I charge you that the land bought by Heinze was not divested out of Kelly until the deed for the same was delivered to Heinze. “(14) I charge you that the legal…
1Opinion of the CourtWalker, P. J.
This was a proceeding under the statute (Code, § 5910) for a summary judgment against a sheriff and the surety on his official bond for the failure of the former to execute an attachment which came into his hands as sheriff, “and which,” as alleged in the motion, “by due diligence could have been executed.” On motion of the plaintiff the court struck a plea filed by the defendants, which set up as a ground for abating the motion the pendency of an action brought by the same plaintiff against the same defendants for the recovery of damages for the sheriff’s failure to levy the *286writ of…
2Cases cited13 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Governor v. CampbellSupreme Court of Alabama · 1850
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
- Walker v. ChapmanSupreme Court of Alabama · 1853
- United States Fidelity & Guaranty Co. v. Union Trust & Savings Co.Supreme Court of Alabama · 1904
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- Herbert B. Finn, as Trustee in Bankruptcy of the Estate of Richard M. Aldridge, Etc. v. Joseph D. GilbertCourt of Appeals for the Ninth Circuit · 1962
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