Bagby v. Harris
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. Debt upon the official bond executed by Wm. Johnson, as sheriff of Sumter county, for the due performance of the duties of that office.
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Writ of Error to the Circuit Court of Sumter. Debt upon the official bond executed by Wm. Johnson, as sheriff of Sumter county, for the due performance of the duties of that office. The first count of the declaration deduces the breach of the condition of the bond from the following facts: On the 14th of June, 1837, Austin & Tardy sued out a writ of seizure against the steamboat Ponchartrain, to secure a demand of $2,588 ; this writ was delivered to Johnson, he then being sheriff, and under it he seized and took the boat into custody, but afterwards-released it, whereby the said Austin &…
1Opinion of the CourtGoldthwaite, J.
1. The only inode by which the charge given in this case, can be made consistent in all its parts, is to take it as instructing the jury, that if the new sheriff, at some time when the final process was in his hands, could have seized and sold the boat, then, that slight damages only should be given, in the event any were assessed. We incline to think that this is the proper interpretation of what is set out in the bill of exceptions; and we the more readily take this view, because the rule is quite clear, that nominal damages are always proper when a breach of duty is made out, and the…
2Cases cited2 opinions
- Quiner v. Marblehead Social InsuranceMassachusetts Supreme Judicial Court · 1813
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
3Cited by11 opinions
- Welch v. Evans Bros. Construction Co.Supreme Court of Alabama · 1914
- Adams v. RobinsonSupreme Court of Alabama · 1880
- Gooden v. Moses Bros.Supreme Court of Alabama · 1892
- Long-Lewis Hardware Co. v. LightseyCourt of Civil Appeals of Alabama · 1980
- Pfeiffer v. GrossmanIllinois Supreme Court · 1853
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