Andress v. Crawford
Supreme Court of Alabama
Writ of Error to the Circuit Court’of Monroe. SuggestxoN by Crawford, suing for the use of Atkinson against Andress as sheriff, for making a false return to a certain fi. fa. at his suit, against one English, et al. The suggestion sets out that the fi. fa. issued the 30th May, 1846, and was the same day received by the sheriff, who falsely returned it “ stayed by the plaintiff till further orders.”
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Writ of Error to the Circuit Court’of Monroe. SuggestxoN by Crawford, suing for the use of Atkinson against Andress as sheriff, for making a false return to a certain fi. fa. at his suit, against one English, et al. The suggestion sets out that the fi. fa. issued the 30th May, 1846, and was the same day received by the sheriff, who falsely returned it “ stayed by the plaintiff till further orders.” The suggestion appears dated 6th November, 1846, and describes the execution as returnable to the present term. The judgment entry recites more fully the facts of the case, and describes Andress as…
1Opinion of the CourtGoldthwaite, J.
1. The return to the execution for which the defendants are sought to be charged, and which the verdict has ascertained to be untrue in point of fact, is not of that technical character which prima facie imparts verity. It is rather the assertion of a fact in discharge of the obligation to perform the mandate of the writ. In this view, the decision made in Sutherland v. Cunningham, 1 Stew. 438, has no application, for in most instances of such a return, the creditor has no means in his power to disprove the fact asserted, and if it is to be taken as true until contro*855verted, he would be…
2Cases cited3 opinions
- McClure v. ColcloughSupreme Court of Alabama · 1843
- Sutherland v. CunninghamSupreme Court of Alabama · 1828
- Shannon v. ClarkCourt of Appeals of Kentucky · 1835
3Cited by2 opinions
- Craven v. HigginbothamSupreme Court of Alabama · 1887
- Spenney v. SorrellAlabama Court of Appeals · 1915