Mickle v. Montgomery
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. Leon Duke, Special Judge. This was a statutory action of ejectment, brought bjr the appellee, H. B. T. Montgomery, against the appellants, to recover certain lands specifically described in the complaint. Issue was joined upon the plea of not guilty. The plaintiff’s right to the property sued for was rested upon a sheriff’s deed conveying the property in controversy.
Read the full summary
Appeal from the Circuit Court of Randolph. Tried before the Hon. Leon Duke, Special Judge. This was a statutory action of ejectment, brought bjr the appellee, H. B. T. Montgomery, against the appellants, to recover certain lands specifically described in the complaint. Issue was joined upon the plea of not guilty. The plaintiff’s right to the property sued for was rested upon a sheriff’s deed conveying the property in controversy. Upon the trial of the cause, as is shown by the bill of exceptions, the plaintiff introduced in evidence the proceedings in a suit before a justice of the peace by…
1Opinion of the CourtBrickell, C. J.
Originally, all civil process issued by a justice of the peace, except in proceedings for the forcible entry and detainer, or the unlawful detainer of lands, could’ be served or executed only by a constable ; the service or execution of such process, was not within the authority and duty of the sheriff. By an act approved February 26, 1875, which formed section 731 of the Code of 1876, and now forms section 811 of the present-Code, it is declared: “The sheriff is authorized to execute all mesne and final process which is required of constables, and shall receive the same fees and compensation…
2Cases cited7 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Pollard v. CockeSupreme Court of Alabama · 1851
- Standifer v. SwannSupreme Court of Alabama · 1884
- Badger v. LyonSupreme Court of Alabama · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Nolen v. HenrySupreme Court of Alabama · 1914
- Tapia v. WilliamsSupreme Court of Alabama · 1911
- Blair v. BlairSupreme Court of Alabama · 1917
- Perryman v. WrightSupreme Court of Alabama · 1914
6 more not listed; retrieve them via the Exa API.