Williams v. Fitzpatrick
Supreme Court of Alabama
Error to the Circuit Court of Morgan. Tried before the Hon. Thomas A. Walker. This was an action of debt instituted in tbe name of tbe Governor, for tbe use of Morgan county, against Tbomas R. Williams and bis securities, on bis official bond as county treasurer.
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Error to the Circuit Court of Morgan. Tried before the Hon. Thomas A. Walker. This was an action of debt instituted in tbe name of tbe Governor, for tbe use of Morgan county, against Tbomas R. Williams and bis securities, on bis official bond as county treasurer. The suit was brought to recover the amount of tbe county taxes for tbe year 1845, wbicb, it was alleged, tbe defendant bad not paid over; and another suit was also instituted for tbe taxes of 1846, wbicb was pending at tbe time of tbe trial of this. Tbe facts of tbe case will be readily understood from tbe opinion of tbe court. 1. We…
1Opinion of the Court
PHELAN, J-
— The defendant Williams introduced as a witness, in his behalf, Tunstall the county treasurer. After proving by him certain other receipts, which had been given by him to Williams, for the taxes of 1845, they came to a receipt which purported on its face to be a receipt from Tunstall for the sum off 1189 TW for the county taxes of 1845, dated 25th May, 1846. When testifying in respect to this receipt, Tun-stall said, .that, although he would not deny his signature, or that he had executed the same, yet ‘-‘that he had no recollection of ever giving such a receipt, and stated, that…
2Cases cited2 opinions
- Williams v. ShackelfordSupreme Court of Alabama · 1849
- Bohannan v. ChapmanSupreme Court of Alabama · 1848
3Cited by2 opinions
- Talladega Insurance v. WoodwardSupreme Court of Alabama · 1870
- Johnson v. MarshallSupreme Court of Alabama · 1859