Williams v. Simmons
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before the Hon. Robert Dougherty. This is an action of assumpsit brought by the plaintiff in error against the defendant in error to recover a certain amount of money, on the following facts and circumstances: One Price, in virtue of his office as sheriff, was the administrator with the will annexed of one Burns, deceased, and the plaintiff in error and one Haynes were his securities on his sheriff’s bond.
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Error to the Circuit Court of Tallapoosa. Tried before the Hon. Robert Dougherty. This is an action of assumpsit brought by the plaintiff in error against the defendant in error to recover a certain amount of money, on the following facts and circumstances: One Price, in virtue of his office as sheriff, was the administrator with the will annexed of one Burns, deceased, and the plaintiff in error and one Haynes were his securities on his sheriff’s bond. Price was subsequently removed from the administration, and the defendant in error was appointed administrator de bonis non of the estate of…
1Opinion of the Court
GIBBONS, J.'
The questions presented by the bill of exceptions in this case must be considered in some measure as res adjudicada in this court. In the case of Price v. Sim*430mons, adm’r, decided in this court at the last term, and reported in 21 Ala. 337, the court uses the following language: “There is nothing to protect Simmons from a recovery by Williams, in his action in the Circuit Court of Tallapoosa, for the money paid to him by Williams under the decree of the Orphans’ Court against Price, which was afterwards reversed.” Price was then seeking to reverse the decree of the Orphans’ Court…
2Cases cited2 opinions
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
- Price v. SimmonsSupreme Court of Alabama · 1852
3Cited by13 opinions
- Ex Parte RileySupreme Court of Alabama · 1985
- Marks v. CowlesSupreme Court of Alabama · 1878
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Markel v. Transamerica Title Insurance CompanyArizona Supreme Court · 1968
- Cleveland v. TuftsTexas Supreme Court · 1888
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