Moore v. Madison County
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. John Gtll Shorter. This action was brought by the appellee, against Benjamin T. Moore and John H. Lewis; was founded on said Moore’s official bond as county treasurer of Madison, and was commenced on the 16th January, 1854. The defendants pleaded the general issue, with leave to give in evidence any special matter of defense.
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Appeal from the Circuit Court of Madison. Tried before the Hon. John Gtll Shorter. This action was brought by the appellee, against Benjamin T. Moore and John H. Lewis; was founded on said Moore’s official bond as county treasurer of Madison, and was commenced on the 16th January, 1854. The defendants pleaded the general issue, with leave to give in evidence any special matter of defense. At the August term, 1857, by agreement of record, the matters in controversy were referred to the arbitrament of Isaiah Dill, “upon the following terms and principles: Said Dill shall take and state an…
1Opinion of the CourtStone, J.
The undisputed facts in this case show, that, shortly before the expiration of the term of office covered by the bond which is the foundation of this suit, Mr. Moore received a sum of money, which had not been disbursed at the time of his re-appointment. There is no evidence in the record, that, during that time, he had converted that sum of money, nor, in fact, that he ever did convert it; unless a conversion can be inferred from the fact of its reception, and the absence of proof of its disbursement during that term.
Mr.. Moore held the office of county treasurer of Madison for several…
2Cases cited1 opinion
- Townsend v. EverettSupreme Court of Alabama · 1843
3Cited by5 opinions
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- Rapier v. Louisiana Equitable Life InsuranceSupreme Court of Alabama · 1876
- Pickens County v. National Surety Co.Supreme Court of Alabama · 1934