Barton v. Lockhart
Supreme Court of Alabama
In error from Marengo Circuit court. ’ Lockhart issued a notice to the sheriff of Maren-go county, and his sureties, apprising them, that he should moYe the Circuit court for judgment, for failing to pay over certain money collected by the said sheriff, on an execution in favor of the plaintiff. — • The notice stated specially the amount claimed, comprising the principal, interest and costs of the suit, but contained no demand for the damages as provided by the statute.
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In error from Marengo Circuit court. ’ Lockhart issued a notice to the sheriff of Maren-go county, and his sureties, apprising them, that he should moYe the Circuit court for judgment, for failing to pay over certain money collected by the said sheriff, on an execution in favor of the plaintiff. — • The notice stated specially the amount claimed, comprising the principal, interest and costs of the suit, but contained no demand for the damages as provided by the statute. In the course of the trial, the plaintiff bélow proposed proving, that the money was received on a day previous to that…
1Opinion of the CourtTaylor, J.
The first question made is, what effect has the date of the return on an execution of “satisfied,” with respect to the time at which the money was paid. In other words, does it amount to prima facie evidence, that the money was paid on the day of the date annexed to such return.
In this case, it seems the date was subsequent to the first day of the term to which the execution was returnable, and the effect of the date is important, because if it amounted to prima facie evidence, the burthen, was on the plaintiff of proving, that the money was received on an earlier day, to fix the liability of…
2Cases cited1 opinion
- Rudd v. JohnsonCourt of Appeals of Kentucky · 1824
3Cited by2 opinions
- Chapman, Lyon & Noyes v. CowlesSupreme Court of Alabama · 1867
- Morgan v. DoeSupreme Court of Alabama · 1849