Graham v. Chandler
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. John D. Phelan. This was a motion made by the plaintiff, as administrator, &c., of James Abercrombie, deceased, against the defendant, as sheriff of Perry county, for failing to make the money, Sfc. on an execution that came to his hands in favor of the said Abercrombie, against one Billingsley.
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Error to the Circuit Court of Perry. Before the Hon. John D. Phelan. This was a motion made by the plaintiff, as administrator, &c., of James Abercrombie, deceased, against the defendant, as sheriff of Perry county, for failing to make the money, Sfc. on an execution that came to his hands in favor of the said Abercrombie, against one Billingsley. The defendant filed several pleas, and the case having been continued from term to term, at the trial term, the defendant moved the court for leave to withdraw the pleas previously pleaded by him, and to substitute, which motion was granted, and the…
1Opinion of the CourtChilton, J.
1. There was no error in permitting the withdrawal of the former pleas, and the filing of new pleas by the defendant in error. This was a matter within the discretion of the primary court, and consequently cannot be *345made the ground of reversal here. Crawford v. Chandler, 5 Ala. 61.
2. The demurrer to the third plea presents. the question, whether if an execution issue in favor of a sole plaintiff who was dead at the time of its issuance, the sheriff is bound to execute it. For the plaintiff in error it is insisted, that the execution was irregular, and voidable at the election of the defendant…
2Cases cited5 opinions
- Day v. SharpSupreme Court of Pennsylvania · 1839
- Holloway v. JohnsonSupreme Court of Alabama · 1845
- Darlington v. SpeakmanSupreme Court of Pennsylvania · 1844
- Henderson v. Gandy's Adm'r.Supreme Court of Alabama · 1847
- Crawford v. ChandlerSupreme Court of Alabama · 1843