Lucas v. Governor ex rel. Harper
Supreme Court of Alabama
Writ of error to the Circuit Court of Montgomery. Action of debt, in the name of the present Governor, for the use of Harper, on a sheriff’s bond executed by one Bell, and others, as his sureties. The declaration avers a breach of the condition of the bond, by reason of Bell’s false return of nulla bona to a writ oiji.fd. at the suit of Harper against one Hill.
Read the full summary
Writ of error to the Circuit Court of Montgomery. Action of debt, in the name of the present Governor, for the use of Harper, on a sheriff’s bond executed by one Bell, and others, as his sureties. The declaration avers a breach of the condition of the bond, by reason of Bell’s false return of nulla bona to a writ oiji.fd. at the suit of Harper against one Hill. The declaration does not aver that judgment against Hill was in full force, or that Harper had not received satisfaction of the debt; nor does it contain any equivalent averments, unless the one of damage, as the consequence of the…
1Opinion of the CourtGoldthwaite, J.
1. It is urged against the declaration in this case, that it contains no averment that the money clue on the execution, with respect to which the false return is alleged, has not been paid by him against whom it was issued. This omission is, as we think, unimportant, for the declaration, without it, alleges every matter which it was essential for the plaintiff to prove; in other words, it shows the contract with the Governor in conformity with the requisitions oflaw, and a breach of that contract by reason of the alleged false return. It is true, the precedents, in the analogous action upon…
2Cited by5 opinions
- Pico v. WebsterCalifornia Supreme Court · 1859
- Beauchaine v. McKinnonSupreme Court of Minnesota · 1893
- Sacket v. McCordSupreme Court of Alabama · 1853
- Graves v. BulkleySupreme Court of Kansas · 1881
- Gray v. JenkinsSupreme Court of Alabama · 1854