Lewis v. Lee County
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Lion. II. D. Clayton. This action was brought by Lee county against John E. Lewis, a former treasurer of said county, and others, the sureties on his official bond; was founded on said bond, and was commenced on 6th September, 1875. The complaint as amended assigns several breaches of the bond, the gravamen of all which is, that the said Lewis, while county treasurer, collected divers sums of money belonging to the county, which he…
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Appeal from Lee Circuit Court. Tried before Lion. II. D. Clayton. This action was brought by Lee county against John E. Lewis, a former treasurer of said county, and others, the sureties on his official bond; was founded on said bond, and was commenced on 6th September, 1875. The complaint as amended assigns several breaches of the bond, the gravamen of all which is, that the said Lewis, while county treasurer, collected divers sums of money belonging to the county, which he failed to legally and properly account for, or to pay over to his successor in office. The defendants filed several…
1Opinion of the CourtBbickell, C. J.
— There are cases which go so far as to maintain that the declarations or admissions of the principal, without restriction as to the time or circumstances under which they were made, are evidence against the surety. — -3 Phill. on Ev. (C. & IT. notes), 261. There are other cases affirming the proposition pressed in the argument of the counsel for the appellee, that when principal and surety are jointly *152sued on a joint or a joint and several obligation, any admission or declaration made by the principal, which is competent evidence against him, is also competent against the surety; for the…
2Cases cited5 opinions
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
- Townsend v. EverettSupreme Court of Alabama · 1843
- Whitworth v. HartSupreme Court of Alabama · 1853
- Lewis v. Lee CountySupreme Court of Alabama · 1880
- Dumas & Co. v. PattersonSupreme Court of Alabama · 1846
3Cited by7 opinions
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
- Knott v. PetersonSupreme Court of Iowa · 1904
- Pickens County v. National Surety Co.Supreme Court of Alabama · 1934
- Jacksonville Paper Co. v. Hartford Accident & Indemnity Co.Supreme Court of Alabama · 1953
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