Abbott, Downing & Co. v. Gillespy
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before Hon. LeRoy F. Box. Abbott, Downing & Co., a partnership, brought this action against James Gillespy and others, to recover damages for the alleged breach of the condition of the official bond of the defendant Gillespy, as sheriff of Talladega county (the other defendants being his sureties thereon), in negligently failing to make the money on divers writs of execution issued on a judgment recovered by the plaintiffs in the…
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Appeal from Talladega Circuit Court. Tried before Hon. LeRoy F. Box. Abbott, Downing & Co., a partnership, brought this action against James Gillespy and others, to recover damages for the alleged breach of the condition of the official bond of the defendant Gillespy, as sheriff of Talladega county (the other defendants being his sureties thereon), in negligently failing to make the money on divers writs of execution issued on a judgment recovered by the plaintiffs in the circuit court of said county on 26th October, 1876, against James W. McMillan. The defendants’ plea was, in substance, the…
1Opinion of the CourtSomeryille, J.
The action is one claiming damages against the sheriff and his sureties, for his failure to make the money on an execution in favor of the plaintiff, against one James W. McMillan. The gravamen of the action is the alleged negligence of the sheriff in failing to levy upon and sell the property of the defendant in execution, which was subject to levy and sale.
In actions of this nature, the general rule as to damages, in the absence of statutory regulation, is, that the amount to be recovered must be commensurate with the extent of the injury suffered by reason of the sheriff’s unintentional…
2Cases cited14 opinions
- Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
- Childs v. StateSupreme Court of Alabama · 1876
- State v. JohnsonSupreme Court of Alabama · 1848
- Gresham v. WalkerSupreme Court of Alabama · 1846
- Wilson v. StrobachSupreme Court of Alabama · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kennedy v. SmithSupreme Court of Alabama · 1892
- O'Neill v. PerrymanSupreme Court of Alabama · 1893
- Mitchell v. CorbinSupreme Court of Alabama · 1890
- Block v. GeorgeSupreme Court of Alabama · 1887
- Smith v. HeinemanSupreme Court of Alabama · 1897
5 more not listed; retrieve them via the Exa API.