King v. Sawyer
Alabama Court of Appeals
Appeal from Monroe Circuit Court. Heard before ITon. John T. Lackland. Action by Will King against William Sawyer and the sureties on libs official bond; for damages for the wrongful issue of a writ of restitution in an unlawful detainer suit after the filing of the supersedeas and appeal bond. From a judgment sustaining demurrers to the complaint, plaintiff appeals.
Read the full summary
Appeal from Monroe Circuit Court. Heard before ITon. John T. Lackland. Action by Will King against William Sawyer and the sureties on libs official bond; for damages for the wrongful issue of a writ of restitution in an unlawful detainer suit after the filing of the supersedeas and appeal bond. From a judgment sustaining demurrers to the complaint, plaintiff appeals. The inquiry is whether or not the act was an exercise of the jurisdiction -or authority conferred by law. — Coleman v. Roberts, 21 So. 429. The duties contemplated by section 4281, clearly call for a judicial act, and not a mere…
1Opinion of the Court
i>b CRAFFENRTK1), J.
This suit was brought against the defendant, appellee here, and the sureties on his official bond as a notary public and ex officio justice of the peace. The complaint alleges that said notary public and ex officio justice of the peace “wrong*441fully issued a writ of restitution on a judgment rendered in his court on, to wit, January 22, 1910, in the case of J. B. Morris against plaintiff, for unlawful -detainer, after said plaintiff had 'filed a supersedeas bond and appeal bond with the said defendant, conditioned and payable according to law and within the time of appeal in…
2Cases cited3 opinions
- Ex parte HarrisSupreme Court of Alabama · 1875
- John v. StateSupreme Court of Alabama · 1840
- Ex parte Grant & O'BarrSupreme Court of Alabama · 1875
3Cited by5 opinions
- Neumiller v. JenkinsSupreme Court of Alabama · 1960
- Louisville & Nashville Railroad v. MasonAlabama Court of Appeals · 1912
- Adams v. Birmingham Towers, Ltd.Court of Civil Appeals of Alabama · 1998
- McGhee v. Housing Authority of Birmingham DistrictCourt of Civil Appeals of Alabama · 2003
- Newton County v. State ex rel. DukesCourt of Appeals of Mississippi · 2013