Sasnett v. Weathers
Supreme Court of Alabama
Error to the Circuit Court of Randolph. Tried before the Hon. Ezekiel PickeNS. TRESPASS ‘by tbe plaintiff in error against Weathers, Bur-son and Pricket.
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Error to the Circuit Court of Randolph. Tried before the Hon. Ezekiel PickeNS. TRESPASS ‘by tbe plaintiff in error against Weathers, Bur-son and Pricket. The bill of exceptions shows that a charge of felony was preferred against Sasnett and one Kirkland; whereon the preliminary proceedings were had against them before three justices of the peáce, and they were bound over to appear at the next term of the Circuit Court; but the grand jury refused to find a true bill against them. The justices also rendered judgment against them “for all costs;” and Weathers, who was one of the three justices,…
1Opinion of the CourtChilton, C. J.
— This was an action of trespass, brought against the justice of the peace who issued an execution and the constable who levied it, by the party whose property was seized under it.
The rule is, that trespass will not lie for an act done under a process which is valid on its face, and which regularly issues from a court of competent jurisdiction; but if the court which issued the process had no jurisdiction, then it is void, and furnishes no protection either to the officer executing or the court issuing it. Watson on Sheriffs, 55; Sewell on Sheriffs, 100-1; 11 Mass. R. 500 ; ib. 507; 8 ib. 79;…
2Cases cited2 opinions
- Hayden v. ShedMassachusetts Supreme Judicial Court · 1814
- Shute v. McRaeSupreme Court of Alabama · 1846
3Cited by4 opinions
- Busteed v. ParsonsSupreme Court of Alabama · 1875
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Withers v. CoylesSupreme Court of Alabama · 1860
- Bradford v. BoozerSupreme Court of Alabama · 1903