Tarleton v. Gibson

Supreme Court of Alabama

Tarleton v. Gibson

2 Ala. 638

DecidedJune 15, 1841

StatusPublished

This text of 2 Ala. 638 (Tarleton v. Gibson) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tarleton v. Gibson, 2 Ala. 638 (Ala. 1841).

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Opinion

GOLDTHWAITE, J.

1. The plaintiffs proceeded against the defendant for a false return merely, and could therefore recover, in the event that the proof sustained their allegation that the return was untrue. The Court very properly instructed the jury, that the omission of certain facts from the return did not falsify those which were stated.

2. It is very possible that, under a proper motion, the defendant might have been made liable ; as it certainly deserves consideration whether the sheriff, after charging himself by a [640]*640levy, can exonerate himself in any other manner than by she wing on his return every fact necessary to his complete discharge. It is also «questionable whether such a return as this, is entitled to be considered as a legal return, for the reason we have statéd.

Let the judgment be affirmed.

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GOLDTHWAITE, J.

1. The plaintiffs proceeded against the defendant for a false return merely, and could therefore recover, in the event that the proof sustained their allegation that the return was untrue. The Court very properly instructed the jury, that the omission of certain facts from the return did not falsify those which were stated.

2. It is very possible that, under a proper motion, the defendant might have been made liable ; as it certainly deserves consideration whether the sheriff, after charging himself by a [640]*640levy, can exonerate himself in any other manner than by she wing on his return every fact necessary to his complete discharge. It is also «questionable whether such a return as this, is entitled to be considered as a legal return, for the reason we have statéd.

Let the judgment be affirmed.

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Bluebook (online)

2 Ala. 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarleton-v-gibson-ala-1841.