Counts v. Harlan
Supreme Court of Alabama
Appear from the Circuit Court of Colbert. Tried before the Hon. II. C. Speaice. This action was brought by Robert E. Harlan, suing for the use of Robert E. Cockburn, against John Counts and John C. Counts; and was founded on a penal bond executed by the defendants, conditioned as follows: “ Whereas, a search-warrant [was] sworn out by R. E.- Cockburn, before J. B. Hyatt, a justice of the peace, on the 14th November, 1882, to search the cotton of Mack Sims, Paddy Terry and…
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Appear from the Circuit Court of Colbert. Tried before the Hon. II. C. Speaice. This action was brought by Robert E. Harlan, suing for the use of Robert E. Cockburn, against John Counts and John C. Counts; and was founded on a penal bond executed by the defendants, conditioned as follows: “ Whereas, a search-warrant [was] sworn out by R. E.- Cockburn, before J. B. Hyatt, a justice of the peace, on the 14th November, 1882, to search the cotton of Mack Sims, Paddy Terry and Shannon, on Counts’ farm, and the cotton was found in Mack Sims’ cotton in the gin-house of John Counts; now, if the said…
1Opinion of the CourtSomerville, J.
The suit is on a forthcoming bond, payable to the plaintiff as constable, and conditioned to be void, upon the delivery up of a specified amount of seed-cotton found on the premises of one of the defendants, John Counts. The breach averred is the refusal to deliver this property. The constable was acting under process purporting to be a search-warrant, issued by a justice of the peace, which he desisted from executing upon the making of this bond. The main defense set up is the want of any consideration in the instrument.
It is not contended that the - obligation has any validity as a…
2Cases cited2 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Cary v. StateSupreme Court of Alabama · 1884
3Cited by4 opinions
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Hoeg v. PineSupreme Court of Iowa · 1909
- Singer Sewing Machine Co. v. HendersonAlabama Court of Appeals · 1911
- Alabama MacHinery & Supply Co. v. BoydSupreme Court of Alabama · 1931