Williams v. Ragan
Supreme Court of Alabama
Appeal from Clay County Court. Heard before Hon. W. J. Pearce. Action by Eula Ragan against A. J. Williams. From a judgment for plaintiff, defendant appeals. Affirmed.
Read the full summary
Appeal from Clay County Court. Heard before Hon. W. J. Pearce. Action by Eula Ragan against A. J. Williams. From a judgment for plaintiff, defendant appeals. Affirmed. This is an action agajnst Williams on bis official bond, setting out the bond in so many words, for the wrongful failure to deliver to Eula and Nina Ragan ■certain property, alleged to belong to them, which Williams, in his capacity as constable and acting under color of his office, seized under execution issued from the justice court on a judgment in favor of D. H. Biddle and against Eula and Nina Eagan, after they had lodged…
1Opinion of the CourtMcCLELLAN, J.
— The paper purporting to be a bill of exceptions cannot be considered, since it was not signed by the presiding judge within the time allowed by order of the court. There is a recital, over the signature of the judge, that by an order of court the time was extended so as to include the date on which the paper was signed; but we can discover no such order in the record.
The gravamen of this action is the misfeasance of a public officer, a constable, in that he failed or refused to deliver the property to the defendant as commanded,' *407imperatively, by section 2049 of the Code of 1896. The…
2Cases cited4 opinions
- Traweek v. HeardSupreme Court of Alabama · 1892
- Elrod v. HamnerSupreme Court of Alabama · 1898
- Britt v. PittsSupreme Court of Alabama · 1895
- Stallworth's Adm'r v. FarnhamSupreme Court of Alabama · 1879
3Cited by2 opinions
- Poole v. GriffithSupreme Court of Alabama · 1927
- McCord v. BridgesSupreme Court of Alabama · 1924