Orr v. Duvall
Supreme Court of Alabama
Writ of error to the Circuit Court of Walker County. MOTION for judgment against the defendants, as the securities of Hudson, late sheriff of Walker county, for the amount of an execution collected by the sheriff and not paid to the plaintiff.
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Writ of error to the Circuit Court of Walker County. MOTION for judgment against the defendants, as the securities of Hudson, late sheriff of Walker county, for the amount of an execution collected by the sheriff and not paid to the plaintiff. The notice alleges, that diligent search had been made to find the sheriff, in order to demand payment of the sum collected by him, but he could not be found; and the plaintiff then avers his readiness to prove that the sheriff has fled from the country. The defendants demurred to the statement made by the plaintiff, and the Circuit Court gave judgment…
1Opinion of the CourtGoldthwaite, J.
— The proceedings in this case are commenced under the 1st section Of the act of 1826, [Aikin’s Dig. 174, § 75] but cannot be supported, because the sheriff himself is not a party, or served with notice. The act provides that notice shall be given to the sheriff, and judgment may then be rendered against the sheriff and his security, or any, or either of them. The fact, that the sheriff has fled from the State, and beyond the reach of process, will not authorise the Court to proceed in a summary way against his securities. It is possible *263that the plaintiff has no other remedy than a suit on…
2Cited by12 opinions
- Collier v. PowellSupreme Court of Alabama · 1853
- Coker v. Ferguson's Adm'rSupreme Court of Alabama · 1881
- Currier v. LockwoodSupreme Court of Connecticut · 1873
- Maxwell v. PoundsSupreme Court of Alabama · 1897
- Williamson v. Branch Bank at MontgomerySupreme Court of Alabama · 1842
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