Morrison v. Marvin
Supreme Court of Alabama
We.it of error to the Circuit Court of Lowndes. A motion was submitted on behalf of Morrison and five other defendants, against whom, together with Marvin, an execution had issued at the suit of Whipple & Howard, for a rule upon the sheriff, to show cause why he should not produce the execution issued on this case, and make his return on the same, according as the facts were.
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We.it of error to the Circuit Court of Lowndes. A motion was submitted on behalf of Morrison and five other defendants, against whom, together with Marvin, an execution had issued at the suit of Whipple & Howard, for a rule upon the sheriff, to show cause why he should not produce the execution issued on this case, and make his return on the same, according as the facts were. Notice of the motion having been given to all the parties, the sheriff appeared in court and produced the execution; Marvin appeared by counsel, and resisted the motion. The following facts were then proved to the…
1Opinion of the CourtGoldthwaite, J.
It appears from the investigation of facts upon the motion for the rule against the sheriff in this case, that one of the sureties on the writ of error bond, and against whom the judgment was affirmed, had paid to the sheriff the amount of the judgment and costs, upon an execution issued on the affirmed judgment. This was in law, a complete satisfaction of the judgment, and the sheriff ought to have returned the execution satisfied. The surety is not entitled to keep the execution open for his indemnity upon paying the money. [1 Story’s Eq. 477; Foster v. The Athenaeum, 3 Ala. Rep. 392, and…
2Cases cited1 opinion
- Babcock v. HerbertSupreme Court of Alabama · 1842
3Cited by1 opinion
- Sanders v. WatsonSupreme Court of Alabama · 1848