Andrews v. Keep
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. This was a motion against a sheriff, for failing to make tlie money oü an execution. The notice was issued arid executed on the 12th April, 1S-58, and -was as follows: “To Warren B. Andrews, sheriff of the county-of Dallas— You will take notice, that whereas, on the 22d November, 1856, James M. Keep obtained a judgment in the circuit court of Talladega county, against one Joseph M. N.B.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. This was a motion against a sheriff, for failing to make tlie money oü an execution. The notice was issued arid executed on the 12th April, 1S-58, and -was as follows: “To Warren B. Andrews, sheriff of the county-of Dallas— You will take notice, that whereas, on the 22d November, 1856, James M. Keep obtained a judgment in the circuit court of Talladega county, against one Joseph M. N.B. Nix, for the sum of $437 damages, besides $12 80 costs; and whereas, also, an execution issued upon the same, on the 5th day…
1Opinion of the CourtR. W. Walker, J.
[1.] To'“-execute process” is to perform its mandate. The mandate of a.,fieri facias is, that of the property of the defendant the sherifi cause to be made a specified sum of money ; and if the sheriff has failed to do this, he has failed to execute the fi. fa. -Hence, we conclude, that a failureito makethe money on an execution,is ¿failure to execute process,” within the meaning of section 2600 of the Code; <and, consequently, that the motion for this default may Re made, either in the circuit court of the county in which the sheriff was acting officially at the time of the default, or in…
2Cases cited1 opinion
- Irwin v. ScruggsSupreme Court of Alabama · 1858
3Cited by1 opinion
- Breuer v. ElderSupreme Court of Minnesota · 1885