¶1The fifth section of the act of 10th December, 1861, prohibited the issue of an execution, without the written consent of the defendant, until after the expiration of one year from the ratification of a treaty of peace between the Confederate States and the United States, except in certain specified cases, and under certain specified conditions. This act was void, whether tested by the constitution of the United ‘States, or by that of the Confederate States.—Ex parte Pollard, 40 Ala. 77. The clerk and sheriff were certainly excusable in disregarding a law thus void; and their acts cannot be invalid, because they did disregard it. The sheriff, therefore, had authority, by virtue of the execution in his hands, to collect the full amount thereof; and having done so, such collection rendered him and his sureties liable therefor, and discharged the defendant from the judgment. Affirmed.
41 Ala. 389
Hudspeth & Co. v. Davis
Decided June 15, 1867
Supreme Court of Alabama · decided 1867-06-15
Tried before the Hon. H. D. Clayton. This was a petition by Jonathan Davis, to supersede and quash an execution against him, which was founded on a judgment rendered by said circuit court, at its fall term, 1861, in favor of B. T. Hudspeth & Co.; and was issued in June, 1866. The petition for the supersedeas was filed on the 22d October, 1866, and alleged that' the judgment, had been paid and satisfied by the defendant in April, 1862.
Cited by 1 later decisions — most recently March 1927
1 state decisions
Relies on Ex parte Pollard
Good law ✅— No negative treatment on recordhow we know
Decided 1867-06-15
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