Whenever it appears that the process is regular on its face and is issued by competent authority, a sheriff or other ministerial officer is justified in the execution of the same, whatever may be the defect in the proceeding on which it was issued.
(Code 1852, §2284; Code 1867, §2687; Code 1876, §3041; Code 1886, §2776; Code 1896, §1807; Code 1907, §5871; Code 1923, §10197; Code 1940, T. 54, §16.)
Notes of Decisions
Williams v. Goldsmith, 905 F. Supp. 996 (M.D. Ala. 1995).
· cites it 2× “Ala.Code § 36-22-7 (1975). Execution of process is clearly an “on duty” or official activity.”
C & S Fin. Servs. v. Bradley, 501 So. 2d 1218 (Ala. 1987).
· cites it 2× ““Whenever it appears that the process is regular on its face and is issued by competent authority, a sheriff or other ministerial officer is justified in the execution of the same, whatever may be the defect in the proceeding on which it was issued.”
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