Tombeckbee Bank v. Godbold
Supreme Court of Alabama
The President, Directors & Co. of the Tombeckbee Bank, brought an action on the case returnable to the spring term, 1827, of Monroe Circuit Court, against.
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The President, Directors & Co. of the Tombeckbee Bank, brought an action on the case returnable to the spring term, 1827, of Monroe Circuit Court, against. James D. Godbold, as late Sheriff of that county, to recover damages for a false return, said to have been made by him, on a writ of fieri facias, issued from the office of the Clerk of the Circuit Court of Washington county, on the 14th of November, 1823, in favor of the plaintiffs, against the goods and chattels of James Caller, deceased, in the hands of Winney Caller, his executrix, and against the goods and chattels of Robert Caller,…
1Opinion of the Court
By JUDGE COLLIER.
The points of law arising in this cause, are 1st. Was the production of a judgment essential to the plaintiffs recovery. 2nd. Does the statement copied from the record constitute a judgment.
1st. The action for the false return of an execution, is given as an indemnity to the plaintiff for any injury he may sustain by it. It would therefore seem that where no injury results from a return not true in point of fact, that the plaintiff is not entitled to recover.
If a writ of execution issues without a judgment for its warrant, it may be quashed, because the party suing it *242out ^as…
2Cited by8 opinions
- Speed v. CockeSupreme Court of Alabama · 1876
- Bell v. OttsSupreme Court of Alabama · 1893
- Plunkett v. DendySupreme Court of Alabama · 1916
- Gandy v. HaglerSupreme Court of Alabama · 1944
- Hinson v. WallSupreme Court of Alabama · 1852
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