Herr v. Seymour
Supreme Court of Alabama
Appeals from the Circuit Court of Sumter. Tried before the lion. S. H. Speott. This action was brought by R. II. ^Seymour, against Benj.
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Appeals from the Circuit Court of Sumter. Tried before the lion. S. H. Speott. This action was brought by R. II. ^Seymour, against Benj. F. Herr, county treasurer of said county, and the sureties on his official bond as such treasurer ; and was commenced on the 11th January, 1884. The complaint alleged, as a breach of the defendants’bond, the failure and refusal of said Herr, as county treasurer, to pay certain witness certificates held by plaintiff, which had been duly presented and registered, as claims against the fund arising from fines and forfeitures, when, as the complaint alleged,…
1Opinion of the CourtClopton, J.
— This is a suit on the official bond of the county treasurer. The breach of the bond ^assigned is, the failure and refusal of the treasurer to pay, on demand, some State witnesses’ certificates, which were chargeable against the fine and forfeiture fund, and which had been registered ; the treasurer having money, belonging to that fund, sufficient to pay them. Both parties took an appeal. The two appeals were submitted together, and are decided as one case.
Section 4459 of Code 1876 provides : “ If the defendant is not convicted, and the costs are not imposed on the prosecutor ; or, *273if the…
2Cases cited3 opinions
- Parker v. HubbardSupreme Court of Alabama · 1879
- Palmer v. FittsSupreme Court of Alabama · 1874
- Enloe v. ReikeSupreme Court of Alabama · 1876
3Cited by17 opinions
- City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
- Reid v. City of BirminghamSupreme Court of Alabama · 1963
- Fulton v. StateSupreme Court of Alabama · 1911
- Jackson County v. DerrickSupreme Court of Alabama · 1897
- Levy, Aronson & White v. JonesSupreme Court of Alabama · 1922
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