Collier v. Falk
Supreme Court of Alabama
APPEAL from Chancery Court of Morgan. Heard before Hon. H. C. Speake. This is an appeal from an order of the chancellor dissolving an injunction, granted on bill filed by Collier and his wife, against the appellee Falk, and Wiggins, the sheriff, to restrain the collection of a judgment in favor of Falk against Collier and his wife, an execution on which was then in the sheriff’s hands.
Read the full summary
APPEAL from Chancery Court of Morgan. Heard before Hon. H. C. Speake. This is an appeal from an order of the chancellor dissolving an injunction, granted on bill filed by Collier and his wife, against the appellee Falk, and Wiggins, the sheriff, to restrain the collection of a judgment in favor of Falk against Collier and his wife, an execution on which was then in the sheriff’s hands. The bill alleges, in substance, that complainants had had various dealings with the defendant Falk, who claimed a considerable sum of money of them. There was dispute as to the amount, and Falk brought suit in…
1Opinion of the CourtBbickell, C. J.
"Wiggins, the sheriff, having the executions issued on the judgments at law, and bound to levy them according to their mandate, was improperly made a party defendant to the bill. He is without interest in the controversy, has no right involved in it, and no other connection with it, than that into which his duty as executive officer of the court compels him. There is a manifest impropriety in drawing him into the litigation between the plaintiff and the defendants in the judgments and executions, when he is simply in the discharge of his official duty, and has no right or interest involved.…
2Cases cited1 opinion
- Shrader v. WalkerSupreme Court of Alabama · 1845
3Cited by4 opinions
- Harrison v. YerbySupreme Court of Alabama · 1888
- New England Mortgage Security Co. v. PowellSupreme Court of Alabama · 1892
- Bobo v. City of FlorenceSupreme Court of Alabama · 1953
- Pate v. HinsonSupreme Court of Alabama · 1894