Governor v. Davis
Supreme Court of Alabama
Writ of Error to the Circuit Court of Monroe. Pebt, on the official bond of E. T. Broughton, against his sureties, by the Governor, for the use of the administrator, de bonis non, of W. T. Coolidge. The declaration alledges, the execution of the bond, &c, the appointment of Broughton, administrator; that he wasted the estate, and that the administrator de bonis non had recovered a judgment against him, which has been returned, no property found.
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Writ of Error to the Circuit Court of Monroe. Pebt, on the official bond of E. T. Broughton, against his sureties, by the Governor, for the use of the administrator, de bonis non, of W. T. Coolidge. The declaration alledges, the execution of the bond, &c, the appointment of Broughton, administrator; that he wasted the estate, and that the administrator de bonis non had recovered a judgment against him, which has been returned, no property found. The estate had been declared insolvent. The defendants demurred to the declaration, and the court sustained it, and rendered judgment for-the…
1Opinion of the CourtOrmond, J.
The case cited from 1 Stewart, 388, certainly determines, that this suit should have been brought in the name of the Judge of the County Court, instead of the *918Governor; but we are clear in the opinion, that the construction there put upon the statute is incorrect. The whole purpose of the Legislature, in the act referred to, [Clay’s Digest, 222, § 10,] was to place the sheriff, when he became ex officio, an administrator, upon the same footing with other administrators ; and to make his official bond as sheriff, stand as a security for his acts as administrator, as well as sheriff, and .this…
2Cases cited2 opinions
- Bagby v. ChandlerSupreme Court of Alabama · 1845
- Governor v. GanttSupreme Court of Alabama · 1828
3Cited by3 opinions
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Adams v. JonesSupreme Court of Alabama · 1880
- Ragland v. Calhoun's Adm'rSupreme Court of Alabama · 1860