Wilson v. Brown
Supreme Court of Alabama
Appeal from tbe Circuit Court of Bibb. Tried before Hon. George H. Craig. Tbe appellant Wilson brought tbis suit against Brown, late sheriff of Bibb county, and the sureties upon bis official bond, to recover damages for tbe failure of Brown to make the money on a certain execution for $500, besides $16 costs, placed in bis bands, in favor of the plaintiff, against one Thompson.
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Appeal from tbe Circuit Court of Bibb. Tried before Hon. George H. Craig. Tbe appellant Wilson brought tbis suit against Brown, late sheriff of Bibb county, and the sureties upon bis official bond, to recover damages for tbe failure of Brown to make the money on a certain execution for $500, besides $16 costs, placed in bis bands, in favor of the plaintiff, against one Thompson. The judgment, on which the execution issued, was rendered on the 21st day of April, on a debt contracted on the 7th day of January, 1865, and tbe execution was placed in tbe bands of the sheriff on the third day of…
1Opinion of the CourtStone, J.
The general rule of law is, that sworn officers, whether judicial or ministerial, are presumed to do their duty; and he who asserts their official dereliction, must prove it, even though such proof be of a negative. — 2 Best Presumptive Evidence, § 348, and authorities cited; Brandon v. Snows, 2 Stew. 255.
But, when a sheriff, having process in his hands for the purpose, fails to levy on property found in the possession of the defendant; or, having levied, discharges the levy, without selling the property, and without realizing the money he is commanded to collect, a different rule prevails.…
2Cases cited10 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Governor v. CampbellSupreme Court of Alabama · 1850
- Kaster v. McWilliamsSupreme Court of Alabama · 1867
- Smith v. LeavittsSupreme Court of Alabama · 1846
- Whitsett, Garner & Co. v. SlaterSupreme Court of Alabama · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Cochran v. MillerSupreme Court of Alabama · 1883
- Fellows v. LewisSupreme Court of Alabama · 1880
- Blum v. CarterSupreme Court of Alabama · 1879
- Clark v. SpencerSupreme Court of Alabama · 1883
11 more not listed; retrieve them via the Exa API.