Gresham v. Leverett
Supreme Court of Alabama
Writ of Error to the Circuit Court of Randolph. Motion by the defendant in error, against the plaintiff in error, as coroner, for failing to make the money on a fieri facias, which came to his hands against Peter Usury. contended, that as the coroner proceed» ed upon the writ, and made aievy, he was estopped from af» firming that it was not directed to him.
1Opinion of the CourtOrmond, J.
This case is in all respects like the preced* ing case of Gresham v. Walker, except that in this case the writ issued to the sheriif of Randolph.
The coroner has no power to execute the process of the court, but in those cases where the sheriif is incompetent to act, and it follows necessarily, that to authorize, or justify him in executing it, it should be directed to him, otherwise he has no authority to act, and is a trespasser. Such was the decision of this court at an early day, in the case of Pope & Hickman v. Stout, 1 Stew. 375. Such also is the express requirement of the statute,…
2Cases cited2 opinions
- Pope v. StoutSupreme Court of Alabama · 1828
- Adamson v. ParkerSupreme Court of Alabama · 1842
3Cited by4 opinions
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Jones v. Calloway's Adm'rSupreme Court of Alabama · 1876
- Martin v. DollarSupreme Court of Alabama · 1858
- Governor v. LindsaySupreme Court of Alabama · 1848