Shute v. McRae
Supreme Court of Alabama
Writ of Error to the Circuit Court of Pike. This was a proceeding by notice and motion, under the statute, against McRae and his sureties, for the failure of the former to return a writ of fieri facias placed in his hands, as sheriff, to be executed.
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Writ of Error to the Circuit Court of Pike. This was a proceeding by notice and motion, under the statute, against McRae and his sureties, for the failure of the former to return a writ of fieri facias placed in his hands, as sheriff, to be executed. The defendant McRae pleaded not guilty ; that the execution mentioned in the notice, was returned by defendant to the court from which it issued, three days before the term to which the same was returnable ; that the execution on which the money is alledged to have been made, was after its return to the court from which it issued, quashed on…
1Opinion of the CourtCollier, C. J.
In cases like the present, the technical rules of pleading are not observed, but an issue is to be made up under the direction of the court trying the cause. It is possible that words more appropriate to express a denial of the default with with which the sheriff is charged, might have been found, than the plea of “ not guilty;” but these terms are sufficiently significant to throw upon the plaintiffs the onus of supporting the allegations of their notice.
The fourth plea noticed in the statement is unquestionably good. It affirms that there was no judgment whatever in the case in which the…
2Cited by1 opinion
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