State v. Tipton
Indiana Supreme Court
ERROR to the Harrison-Circuit Court. — Upon the affidavit. of Leavenworth, charging Tipton, late sheriff of Harrison, with fraud in not-executing a capias ad-satisfaciendum issued in Leavenworth's favour, the Court granted a rule calling upon Tipton to show cause why an attachment for contempt should not issue against him. On the expiration of the rule, no cause being shown, the attachment issued.
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ERROR to the Harrison-Circuit Court. — Upon the affidavit. of Leavenworth, charging Tipton, late sheriff of Harrison, with fraud in not-executing a capias ad-satisfaciendum issued in Leavenworth's favour, the Court granted a rule calling upon Tipton to show cause why an attachment for contempt should not issue against him. On the expiration of the rule, no cause being shown, the attachment issued. Upon the return of the attachment, interrogatories were exhibited by order of the Court, and the. same were answered by the defendant. The Court, after hearing the answers to the interrogatories,…
1Opinion of the CourtBlackford, J.
It is contended on the part of the.prosecu-r tor, who is the judgment creditor, that the Circuit Court committed ah error, in setting aside the attachment and discharging the sheriff, before he had satisfied the execution, which, without any justification, he had failed to execute. There can he no doubt, that, had the Circuit Court, on the answer to interrogatories, been of opinion that the complaint of the prosecutor was well founded, they had authority to punish the sheriff for the. *167contempt by fine or imprisonment. Had they considered their officer guilty of such gross mal-practice, as to…
Also in this document: Per curiam.
2Cases cited5 opinions
- Ex Parte KearneySupreme Court of the United States · 1822
- Inglee v. CoolidgeSupreme Court of the United States · 1817
- McIver v. WattlesSupreme Court of the United States · 1824
- Johnston v. CommonwealthCourt of Appeals of Kentucky · 1809
- Houston v. MooreSupreme Court of the United States · 1818
3Cited by21 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Whittem v. StateIndiana Supreme Court · 1871
- Ex parte WrightIndiana Supreme Court · 1879
- Easton v. StateSupreme Court of Alabama · 1865
- Redman v. StateIndiana Supreme Court · 1867
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