Townsend v. Everett
Supreme Court of Alabama
Eiuior to the Circuit Court of Mobile. This was an action brought by the defendant for the use of the Treasurer of Mobile county, against the plaintiffs in error, as principal and surety in a bond made by Townsend as County Treasurer of Mobile county, dated 30th November, 1839, in the penal sum of thirty thousand dollars, with the usual statutory condition.
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Eiuior to the Circuit Court of Mobile. This was an action brought by the defendant for the use of the Treasurer of Mobile county, against the plaintiffs in error, as principal and surety in a bond made by Townsend as County Treasurer of Mobile county, dated 30th November, 1839, in the penal sum of thirty thousand dollars, with the usual statutory condition. The declaration sets out the condition of the bond and assigns as a breach the refusal to pay by Townsend to Stickney, his successor, the money in his hands on demand made for that purpose. The entry of the pleas is, “ Defendants craved…
1Opinion of the CourtOrmond, J.
The refusal of the Court to permit the pleadings to be amended, being a pure question of discretion addressed to the Court below cannot be reviewed in this Court.
Two questions are presented on the bill of exceptions:
First — Is the surety of the Treasurer bound upon his bond for monies which came to the hand of his principal before the execution of the bond ?
Second — Are the statements made by the Treasurer of the County, in his reports of the state of the County Treasury, evidence against his surety ?
1. The condition of the bond is, that Townsend, the Treasurer, “ shall, from time to time,…
2Cases cited1 opinion
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
3Cited by18 opinions
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- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Perkins v. MooreSupreme Court of Alabama · 1849
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
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