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
Alabama Supreme Court
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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.
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