Dumas & Co. v. Patterson
Supreme Court of Alabama
Writ of Error to the County Court of Clarke. This was a motion against Patterson, as the sheriff of Clarke, and the co-defendants as his sureties, for the failure to pay over, on demand, the amount collected by the former on a writ of fieri facias, particularly described in the notice.
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Writ of Error to the County Court of Clarke. This was a motion against Patterson, as the sheriff of Clarke, and the co-defendants as his sureties, for the failure to pay over, on demand, the amount collected by the former on a writ of fieri facias, particularly described in the notice. The cause was submitted to a jury, on a plea which put in issue the liability of the defendants on their bond, for a breach of official duty by the sheriff; a verdict was returned for the defendants, and judgment was rendered accordingly. On the trial, the plaintiff excepted to the ruling of the court. It…
1Opinion of the CourtCollier, C. J.
In Duffee v. Pennington, use, &c. 1 Ala. Rep. 506, it was held, upon a very full examination of the authorities, that the defendant might examine the nominal plaintiff as a witness, if the latter did not object. In Scott, surviving partner, &c. v. Jones, et al. 5 Ala. Rep. 694, the admissibility of a party to the record to give evidence, was thoroughly considered, and we then held, that where an action is brought against several persons as partners, and one of them suffers a judgment by default, the latter is a competent witness for the other defendants, to prove that they were not his…
2Cases cited4 opinions
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
- Duffee v. PenningtonSupreme Court of Alabama · 1840
- Scott v. JonesSupreme Court of Alabama · 1843
- Turner v. LazarusSupreme Court of Alabama · 1844
3Cited by11 opinions
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- McPhillips v. McGrathSupreme Court of Alabama · 1897
- Merrill v. WrightNebraska Supreme Court · 1902
- Evans v. State BankSupreme Court of Alabama · 1848
- Lewis v. Lee CountySupreme Court of Alabama · 1882
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