Pond v. Vanderveer
Supreme Court of Alabama
Error to- the Circuit Court of Montgomery. Tried, before-the Hon. Sam-uel Chapman. This was an- action on the case by the plaintiff against- the-defendant in error, for his failure as deputy sheriff of Montgomery county to require sufficient security on a replevy bond taken, by him as such deputy for certain goods which he had levied* on' under an attachment in favor of the plaintiff, against one Charles G. Mitchell.
Read the full summary
Error to- the Circuit Court of Montgomery. Tried, before-the Hon. Sam-uel Chapman. This was an- action on the case by the plaintiff against- the-defendant in error, for his failure as deputy sheriff of Montgomery county to require sufficient security on a replevy bond taken, by him as such deputy for certain goods which he had levied* on' under an attachment in favor of the plaintiff, against one Charles G. Mitchell. The declaration contained two counts, to each of which there was a demurrer. The court sustained the demurrers, which is now assigned as error. 1. The demurrer to each count of…
1Opinion of the CourtChilton, J.
It is an incontrovertible position and one not gainsayed by the counsel for the plaintiff in error, that at the common law the deputy of the sheriff was not regarded as an officer known to the law, but as the mere agent or bailiff of the sheriff who alone was responsible for the improper discharge of the duties confided to his deputy and required by law to be performed by the sheriff. In several of the States the common law has been changed in this respect, and the general deputy or under-sheriff as he is usually called, is an officer recognised by law and capable of acting in his own name,…
2Cases cited1 opinion
- McGee v. EastisSupreme Court of Alabama · 1831
3Cited by4 opinions
- Andrews v. StateSupreme Court of Alabama · 1885
- Gibbens v. PickettSupreme Court of Florida · 1893
- Nelms v. WilliamsSupreme Court of Alabama · 1851
- White v. StateSupreme Court of Alabama · 1870