Ex parte Vaughan
Supreme Court of Alabama
Appeal from Choctaw Circuit Court. Heard before Hon. John T. Lackland. Francis Vaughan petitions the court for mandamus requiring the sheriff to execute a writ of distringas for the recovery of specific property. Judgment denying the writ and she appeals.
Read the full summary
Appeal from Choctaw Circuit Court. Heard before Hon. John T. Lackland. Francis Vaughan petitions the court for mandamus requiring the sheriff to execute a writ of distringas for the recovery of specific property. Judgment denying the writ and she appeals. The verdict and judgment for the mules adjudged Turner to be in possession at the commencement of the action. — 86 Ala. 502. The judgment is conclusive of the ownership, and being for the property a writ of seizure follows. — 120 Ala. 97. Under the statute plaintiff has the right to compel the restoration of the property. — 85 Ala. 242.…
1Opinion of the CourtMayfield, J.
This was an application for manclamus to the judge of the First judicial circuit to com*189mand him to compel the sheriff of Choctaw county to execute a certain writ of distringas issued from the circuit court of said county upon a judgment in a. certain detinue suit in which petitioner was plaintiff and one W. R. Turner was defendant.
The writ was practically in the form prescribed by the Code (section 3785). It contained three alter* native commands to the sheriff: (1) To attach the two mules recovered in the judgment if they might be had; (2) should the defendant secrete the property or remove…
2Cited by6 opinions
- Garrett v. DavisSupreme Court of Alabama · 1927
- Scott v. HowardSupreme Court of Alabama · 1927
- Sauls v. HandSupreme Court of Alabama · 1942
- Williams v. Borden Foods, Div. of BordenCourt of Civil Appeals of Alabama · 1982
- Damecki v. BillsWest Virginia Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.