Report of Cases Argued And Determined in the Supreme Court of Alabama volume 15
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 15
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In our eReader you can find the full English version of the book. Read Report of Cases Argued And Determined in the Supreme Court of Alabama volume 15 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Report of Cases Argued And Determined in the Supreme Court of Alabama volume 15
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To quickly assess the difficulty of the text, read a short excerpt:
Hagan v. Lucas, 10 Peters' Rep. 400 ; Rives & Owen v. Welborne, 6 Ala. 45.
GRAHAM and GARROTT, for defendant.
The defendant relies upon the principle decided in 9 Ala. 162, and cases there referred to.
The process in the hands of the marshal did not authorize him to take the property of Goree.
Goree was not bound by the judgment upon which said process issued, being no party to that suit.
He could not enjoin in chancery, he could not compel the marshal to take a bond for the trial of the right ...of property; his only remedy was a suit against Lyon in trespass, trover or detinue.
DARGAN, J. If an officer, in the execution of process, obeys strictly the mandate of the writ, he discharges his du- ty, and it would be intolerable, that he should be considered a trespasser, or made liable to others, for obeying the man- date of the law. Courts, therefore, uniformly protect their officers so long as they act within the line of their duty, but no further. When they assume to do what the process in their hands does not command, they act upon their own re- sponsibility, and must be held responsible for their acts.
What to read after Report of Cases Argued And Determined in the Supreme Court of Alabama volume 15?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Hagan v. Lucas, 10 Peters' Rep. 400 ; Rives & Owen v. Welborne, 6 Ala. 45.
GRAHAM and GARROTT, for defendant.
The defendant relies upon the principle decided in 9 Ala. 162, and cases there referred to.
The process in the hands of the marshal did not authorize him to take the property of Goree.
Goree was not bound by the judgment upon which said process issued, being no party to that suit.
He could not enjoin in chancery, he could not compel the marshal to take a bond for the trial of the right ...of property; his only remedy was a suit against Lyon in trespass, trover or detinue.
DARGAN, J. If an officer, in the execution of process, obeys strictly the mandate of the writ, he discharges his du- ty, and it would be intolerable, that he should be considered a trespasser, or made liable to others, for obeying the man- date of the law. Courts, therefore, uniformly protect their officers so long as they act within the line of their duty, but no further. When they assume to do what the process in their hands does not command, they act upon their own re- sponsibility, and must be held responsible for their acts.
What to read after Report of Cases Argued And Determined in the Supreme Court of Alabama volume 15?
You can find similar books in the "Read Also" column, or choose other free books by Alabama Supreme Court to read onlineMoreLess
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