Rodgers v. Waters
Supreme Court of Alabama
Error to the Circuit Court of Pike. This was a motion in the Court below against the sheriff of Butler county, and his sureties for failing to return a capias ad satisfaciendum issued by the clerk of the Circuit Court of Pike county, on a judgment of the plaintiff in error against one PliramA. Sessions for fifteen hundred and eighty dollars, sixty-si-x cents.
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Error to the Circuit Court of Pike. This was a motion in the Court below against the sheriff of Butler county, and his sureties for failing to return a capias ad satisfaciendum issued by the clerk of the Circuit Court of Pike county, on a judgment of the plaintiff in error against one PliramA. Sessions for fifteen hundred and eighty dollars, sixty-si-x cents. To the notice alledging these and other facts which was returned executed, the defendants demurred, and the Court sustained the demurrer, from which this writ of error is prosecuted. The error assigned is the judgment on the'demurrer.
1Opinion of the CourtOrmond, J.
— The question presented on the record is, whether a sheriff is liable, on motion, to the amount of the judgment, for failing to return a capias ad satisfaciendum.
*645This presents a question of some difficulty, the solution of which can only be had by marshalling the different statutes on the subjects. The first act passed in 1807, Aik. Dig. 173. The seventy-third section provided “ that when any writ of execution or attachment for not performing a decree in chancery, shall come to the possession of any sheriff, &c. and he shall fail to return the same - according to law, that it shall be lawful…
2Cases cited3 opinions
- M'Whorter v. MarrsSupreme Court of Alabama · 1827
- Pope v. StoutSupreme Court of Alabama · 1828
- Hill v. President of Bank of AlabamaSupreme Court of Alabama · 1837