Hill v. Fitzpatrick
Supreme Court of Alabama
Ekror to the Circuit Court of Vfilcox. This was an action by the defendant in error, upon the official bond of Hill, the sheriff, and his sureties.
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Ekror to the Circuit Court of Vfilcox. This was an action by the defendant in error, upon the official bond of Hill, the sheriff, and his sureties. The declaration sets out the bond and its condition, and assigns seven breaches. 1. That Hill (the sheriff) after the execution of his bond, and during the continuance of, and whilst in the discharge of the duties of his office, did as such sheriff, collect the sum of #1,605 51, upon an execution which issued from the clerk’s office of Wilcox circuit court, on the 25th Nov. 1889, and returnable to the next spring term of said court, in favor of…
1Opinion of the CourtOrmond, J.
We consider the breaches upon which the cause was tried, well assigned. The first and seventh breaches alledge in substance, that Hill, as sheriff of Wilcox county, received the execution which issued on the plaintiffs’ judgments on a day which is set forth, returnable to the next succeeding term of the court, and that he made the money thereon. It is true, no special request is alleged to have been made of the sheriff for the money, nor was it necessary to allege one. The licet saepius requisitus was sufficient, at least in this State, when special demurrers are abolished. That the omission…
2Cases cited1 opinion
- M'Broom v. GovernorSupreme Court of Alabama · 1837
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