Hallett v. Lee
Supreme Court of Alabama
Error to the Circuit Court of Bibb. THE plaintiff in error gave notice to the defendant in error, the sheriff of Bibb county, and others, his securities, that a motion would be made against him for failing to make the money on an execution which came to his hands from the Circuit Court of Bibb county, on the 24th April, 1839, in favor of the plaintiff, against Jacob Mayberry, for twenty-six hundred and forty-six dollars, besides costs; the money on which it is suggested,…
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Error to the Circuit Court of Bibb. THE plaintiff in error gave notice to the defendant in error, the sheriff of Bibb county, and others, his securities, that a motion would be made against him for failing to make the money on an execution which came to his hands from the Circuit Court of Bibb county, on the 24th April, 1839, in favor of the plaintiff, against Jacob Mayberry, for twenty-six hundred and forty-six dollars, besides costs; the money on which it is suggested, could have been made by due diligence. The sheriff appeared and pleaded that he levied the execu-" tion upon the goods of…
1Opinion of the Court
ORMOND, J
The statute which authorises a suggestion *29to be made to the Court, that the amount to be collected on an execution, could have been made by the sheriff “by due diligence,” requires the Court, “ forthwith, to cause an issue to be made up to try the fact.” The counsel for the plaintiff insists that, as the issue must consist of a denial by the sheriff of the facts alleged in the suggestion, that no plea should be received.
The sheriff discharges himself from responsibility, by showing due diligence, and to enable him to do this, nothing more is necessary than to traverse the facts…
2Cited by8 opinions
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Easley v. WalkerSupreme Court of Alabama · 1846
- Governor v. PowellSupreme Court of Alabama · 1846
- Birmingham Dry Goods Co. v. BledsoeSupreme Court of Alabama · 1897
- Huett v. NevinsSupreme Court of Alabama · 1951
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