Williams v. M'Broom

Decided July 15, 1827

Supreme Court of Alabama · decided 1827-07-15

A fi. fa. Williams against Howson, was delivered to a deputy of M‘Broom, sheriff of Madison county, who made return thereon, “ levied 24th December, 1823, on four negroes,” naming the negroes, and other property, “property claimed by Fleming Hodges as per affidavit, made 4th February, 1824.” Notice on behalf of Williams, was served on M‘Broom, of a motion for judgement against him, for having failed and refused to cause the money to be made, and for having failed to return…

Decided 1827-07-15

JUDGE SAFFOLD

¶1delivered the opinion of the Court.

¶2The statute which authorizes a judgement on motion against a sheriff, for improperly failing to make the money on an execution, passed 12th January, 1826. The notice in this case, is dated 1st February, 1825. The statute of 1818, a makes an action on the case, the proper remedy for such default as is charged in the record, and when the notice was given and motion made, this seems to have been the law governing the case. Judgement affirmed.

¶3o Laws Ala.315,