Rasco v. Jefferson
Supreme Court of Alabama
Appeal from the Circuit Court of I-Iale. Tried before the Hon. John Mooee. This action was brought by the appellee, Catherine Jefferson, against the appellants, W. P. Easco and the sureties on his official bond, and sought to recover for the breach of said bond by reason of the defendant, W. P. Easco, levying an execution issued upon a judgment recovered against the plaintiff’s husband, Bab Jefferson, upon property belonging to the plaintiff.
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Appeal from the Circuit Court of I-Iale. Tried before the Hon. John Mooee. This action was brought by the appellee, Catherine Jefferson, against the appellants, W. P. Easco and the sureties on his official bond, and sought to recover for the breach of said bond by reason of the defendant, W. P. Easco, levying an execution issued upon a judgment recovered against the plaintiff’s husband, Bab Jefferson, upon property belonging to the plaintiff. The complaint as filed contained two counts. The first count sought to recover $300 damages for the breach of the official bond to said W. P. Basco, and…
1Opinion of the CourtAnderson, J.
The defendants requested, in writing, the general affirmative charge, which was refused, and the refusal of which is here assigned as error. The record discloses the filing of four pleas by defendants, the second plea being the statute of limitation of one year, and the plaintiff took issue thereon.
■ The proof shows that the cows were sold not later than December, 1899, and that the suit was not brought until March 35th, 3901, more than a year after that date.
The court has often held that when issue is joined on an immaterial plea and its averments are proved, the defendant is entitled to the…
2Cases cited6 opinions
- Nelson v. IversonSupreme Court of Alabama · 1853
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
- McGhee & Fink v. ReynoldsSupreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- DeSoto Coal M. & Dev. Co. v. HillSupreme Court of Alabama · 1912
- Dentman v. StateSupreme Court of Alabama · 1957
- Ex parte ShoafSupreme Court of Alabama · 1914
- Partridge v. MillerSupreme Court of Alabama · 1989
14 more not listed; retrieve them via the Exa API.