McKissack v. McClendon
Supreme Court of Alabama
Appeal from die Circuit Court of Henry. Tried before the Hon. John P. Hubbard. This action was brought by the appellant, R. L. Mc-Kissack, against the appellee, W. A. McClendon, as sheriff and the sureties on his official bond and sought to recover for the breach of a bond in making a wrongful levy of writs of attachment upon the property in the possession of the plaintiff. The defendant pleaded the general issue and several special pleas.
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Appeal from die Circuit Court of Henry. Tried before the Hon. John P. Hubbard. This action was brought by the appellant, R. L. Mc-Kissack, against the appellee, W. A. McClendon, as sheriff and the sureties on his official bond and sought to recover for the breach of a bond in making a wrongful levy of writs of attachment upon the property in the possession of the plaintiff. The defendant pleaded the general issue and several special pleas. The facts of the case necessary to an understanding of the decision on the present ¿ppeal are sufficiently stated in the opinion. Upon the introduction of…
1Opinion of the CourtDowdell, J.
This is an action against the sheriff on his bond as such,for the breach of said bond. There is but one question in the case, and that is, whether the obligors in said bond are liable on said bond as a statutory bond.
The defense is rested upon the fact of the failure of the sheriff, McClendon, the principal obligor, to sign the bond.
The facts show that the defendant, McClendon, before entering upon the discharge of his duties as sheriff, to which office he had been elected, procured and obtained •from the judge of probate a form, or blank bond, to be filled out by him as his official bond,…
2Cases cited3 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Steele v. TutwilerSupreme Court of Alabama · 1880
- Painter v. MauldinSupreme Court of Alabama · 1898
3Cited by6 opinions
- United States Fidelity & Guaranty Co. v. Union Trust & Savings Co.Supreme Court of Alabama · 1904
- Louisville & Nashville Railroad v. AbernathySupreme Court of Alabama · 1915
- Deer Lodge County v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1910
- Johnson Controls, Inc. v. Liberty Mutual Insurance Co.Supreme Court of Alabama · 2014
- Patterson v. MilliganAlabama Court of Appeals · 1914
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