Martin v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speaick. This was a motion by "William B. Martin, for a summary judgment against Thomas 0. Hall and the sureties on his official bond as constable, “ on account of the failure of said Hall to make the money on an execution in his hands as constable, in favor of said W. B. Martin, and against Jacob Houst” [or Houts], “issued on the 2d May, 1874, by J. J. St. Clair, justice of the peace, for $24 debt,…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speaick. This was a motion by "William B. Martin, for a summary judgment against Thomas 0. Hall and the sureties on his official bond as constable, “ on account of the failure of said Hall to make the money on an execution in his hands as constable, in favor of said W. B. Martin, and against Jacob Houst” [or Houts], “issued on the 2d May, 1874, by J. J. St. Clair, justice of the peace, for $24 debt, besides $4 costs of suit; and which, by the use of due diligence, said Hall could have collected.” The case was commenced in a…
1Opinion of the CourtSomerville, J.
The court very clearly did not err in excluding from the jury, as evidencie, the book produced from the office of the probate judge, purporting to contain a recorded copy of the official bond of Hall as constable. There is no statute which requires or authorizes constables’ bonds to be re-cordcd in the offic.es of probate judges. The statute merely prescribes that the original bond shall be “ approved by the judge of probate, and leapt in his office.” — Code of 1876, § 764. In the absence of such a statutory requirement, the mere recording of a bond, or other instrument, does not make a copy…
2Cited by3 opinions
- Birmingham Electric Co. v. CochranSupreme Court of Alabama · 1942
- Wiley v. WilhiteSupreme Court of Alabama · 1918
- Wiley v. WilhiteSupreme Court of Alabama · 1918