Evans v. Billingsley's Adm'r
Supreme Court of Alabama
[ASSUMPSIT POE MOSEY PAID.] Appeal from the Circuit Court of Perry. Tried before the Hon. Bobt. Dougherty. This action was brought by James G. Evans, the appellant, against the administrator of Thomas Billingsley, deceased, to recover certain moneys alleged to have been paid by the plaintiff for the intestate in his life-time, and at his special instance and request; and was commenced in April, 1852. All the facts are contained in the bill of exceptions which was taken by…
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[ASSUMPSIT POE MOSEY PAID.] Appeal from the Circuit Court of Perry. Tried before the Hon. Bobt. Dougherty. This action was brought by James G. Evans, the appellant, against the administrator of Thomas Billingsley, deceased, to recover certain moneys alleged to have been paid by the plaintiff for the intestate in his life-time, and at his special instance and request; and was commenced in April, 1852. All the facts are contained in the bill of exceptions which was taken by the plaintiff, and which is in these words: “ On the trial of this cause, it was proved that, on the 5th August, 1848, the…
1Opinion of the CourtStone, J.
Our decisions clearly settle the following principles :
1. If a sheriff, having an execution in his hands for collection, himself pay the plaintiff his demand, this payment gives the sheriff no right of action against the defendant, unless the defendant had previously requested him to make such payment, or, after it was made, •adopted the act, by insisting on it as a satisfaction of the execution.
2. That a previous request by the defendant, or subsequent adoption, as above supposed, clothes the sheriff with the right to sue the defendant, and recover the money, as so much money paid at the…
2Cases cited12 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Snider v. CroyNew York Supreme Court · 1807
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rather v. Young's Adm'rsSupreme Court of Alabama · 1876
- Beard v. HortonSupreme Court of Alabama · 1888
- Denby v. MellgrewSupreme Court of Alabama · 1877
- Reader v. HelmsSupreme Court of Alabama · 1876
- Clanton v. EatonSupreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.