Roundtree v. Weaver
Supreme Court of Alabama
Writ of Error to the County Court of Dallas. The facts of this case are briefly these; the defendant in error obtained a judgment against the plaintiff, an execution was duly issued thereon, and placed in the hands of Thomas O. Holloway, then sheriff of Dallas, which he failed to collect; thus he rendered himself liable, and was threatened with a rule, unless he advanced the money, or made some arrangement satisfactory to the plaintiff in execution, or his attorneys.
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Writ of Error to the County Court of Dallas. The facts of this case are briefly these; the defendant in error obtained a judgment against the plaintiff, an execution was duly issued thereon, and placed in the hands of Thomas O. Holloway, then sheriff of Dallas, which he failed to collect; thus he rendered himself liable, and was threatened with a rule, unless he advanced the money, or made some arrangement satisfactory to the plaintiff in execution, or his attorneys. Holloway accordingly confessed a judgment in favor of the plaintiff’s attorneys for the amount of the execution, which he has…
1Opinion of the CourtCollier, C. J.
In Rutland’s adm’r v. Pippin and another, 7 Ala. Rep. 419, it appeared that the sheriffofGreene,onthe 19th May, 1842, paid to the agent of the plaintiff in execution, the amount due thereon, saving sixty dollars, the attorney’s commissions, (which they afterwards received.) This payment was an *316advance by the sheriff, in discharge of an official liability consequent upon his neglect. In respect to the question, whether the defendants could avail themselves of the payment of the amount of the execution, so as to destroy the vitality of the judgment, we said, “ this cannot be regarded as a…
2Cited by7 opinions
- Denby v. MellgrewSupreme Court of Alabama · 1877
- McCartney v. KingSupreme Court of Alabama · 1854
- Poe v. DorrahSupreme Court of Alabama · 1852
- Roundtree v. HollowaySupreme Court of Alabama · 1848
- Crutchfield v. HaynesSupreme Court of Alabama · 1848
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