Sasnett v. Weathers

Decided June 15, 1852

Supreme Court of Alabama · decided 1852-06-15

Tried before the Hon. Ezekiel PickeNS. TRESPASS ‘by tbe plaintiff in error against Weathers, Bur-son and Pricket. The bill of exceptions shows that a charge of felony was preferred against Sasnett and one Kirkland; whereon the preliminary proceedings were had against them before three justices of the peáce, and they were bound over to appear at the next term of the Circuit Court; but the grand jury refused to find a true bill against them.

Relies on Shute v. McRae

Good law ✅— No negative treatment on recordhow we know

Decided 1852-06-15

How this case has been cited

Cited by 5 later decisions — most recently November 1924

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CHILTON, C. J.

¶1— This was an action of trespass, brought against the justice of the peace who issued an execution and the constable who levied it, by the party whose property was seized under it.

¶2The rule is, that trespass will not lie for an act done under a process which is valid on its face, and which regularly issues from a court of competent jurisdiction; but if the court which issued the process had no jurisdiction, then it is void, and furnishes no protection either to the officer executing or the court issuing it. Watson on Sheriffs, 55; Sewell on Sheriffs, 100-1; 11 Mass. R. 500 ; ib. 507; 8 ib. 79; 2 Strobh. Rep. 3; 9 Ala. 931.

¶3In the case before us, the justice had no jurisdiction to render judgment for cost, and consequently no authority by law to issue an execution for it; and the process being void, both he and the constable are liable for any injury which is the immediate result of it.

¶4The judgment must be reversed, and the cause must be remanded.