Governor v. Powell
Supreme Court of Alabama
Writ of Error to the Chancery Court of Coosa. Action of debt in the name of the Governor suing for the use of the Branch Bank at Montgomery, who sued for the use of Bolling Hall, against Powell and others, as the sureties of one Campbell, upon his official bond as sheriff of Coosa county.
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Writ of Error to the Chancery Court of Coosa. Action of debt in the name of the Governor suing for the use of the Branch Bank at Montgomery, who sued for the use of Bolling Hall, against Powell and others, as the sureties of one Campbell, upon his official bond as sheriff of Coosa county. The breaches assigned to the condition of the bond, are ■ — 1. That Campbell did not perform all and singular the duties of sheriff. 2. That after the making of the bond, and previous to the commencement of the suit, at, &c. the Branch Bank, &c. caused a fi. fa. to be issued at its suit against one Stark…
1Opinion of the CourtGoldthwaite, J.
1. Independent of the objections taken to the form of this plea, it is insisted it is no answer to the declaration, inasmuch as the defence rests on the circumstance, that payment of the principal, interest and costs, was made to Hall after obtaining the judgment and before the commencement of this suit. It consequently assumes that payment at any time after the judgment will prevent the party supposing himself aggrieved from suing the sheriff and his sureties for the omission to use due diligence with respect to executions in his hands. There is a marked distinction between the assertion of…
2Cases cited4 opinions
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Mason v. WattsSupreme Court of Alabama · 1845
- Gary v. BoykinSupreme Court of Alabama · 1844
- Bell v. OwenSupreme Court of Alabama · 1845
3Cited by2 opinions
- Marcum v. BurgessSupreme Court of Alabama · 1880
- Spenney v. SorrellAlabama Court of Appeals · 1915