Nabors v. Thomason

ORMOND J.

— The writ in this case which was sued out by the defendant against the plaintiff in error, describes the. defendant as sheriff of the county of Pickens, and is directed “ to any sheriff of the State of Alabama.” This writ was executed by one Eli O’Neal, who describes himself as coroner.

The defendant below, moved to quash the writ.because it was directed to the sheriff, which motion the court refused, and on nil é/íczTrendered judgment for the plaintiff below.

There can be no doubt the writ in this case was irregularly issued, the sheriff being a party to the suit, it should have been…