Scarborough v. Malone
Supreme Court of Alabama
Action on Official Bond of Sheriff. Appeal from tbe Circuit Court of Pike. Tried before tbe Hon. H. D. Clayton. Appellees, George T. Malone and O. J. Knox, as surviving partners of the firm of Knox, Malone & Knox, brought this action against appellant in August, 1830, for five hundred dollars, with interest from the 1st of November, 1876, for damages for the breach of appellant’s bond as sheriff of Pike county. The sureties on this bond were not joined as parties defendant.
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Action on Official Bond of Sheriff. Appeal from tbe Circuit Court of Pike. Tried before tbe Hon. H. D. Clayton. Appellees, George T. Malone and O. J. Knox, as surviving partners of the firm of Knox, Malone & Knox, brought this action against appellant in August, 1830, for five hundred dollars, with interest from the 1st of November, 1876, for damages for the breach of appellant’s bond as sheriff of Pike county. The sureties on this bond were not joined as parties defendant. The breach alleged is that appellant, while in the discharge of his duty as sheriff aforesaid, levied an attachment in…
1Opinion of the CourtBriokell, C. J.
— In Cordaman v. Malone, 63 Ala. 556, we held the levy of the attachment of Knox and Malone, created a prior iien on the cotton, to recover the value of which is the object of the present action; that the replevy of the cotton did not destroy or impair the lien ; that the subsequent levy of a second attachment, not in subordination to the lien of the first was wrongful; that it was wrongful in the sheriff to deliver the cotton to the plaintiffs in the second attachment; and that the second levy and delivery of the cotton to the plaintiffs in that attachment, discharged the sureties in the…
2Cases cited2 opinions
- Griffin v. IsbellSupreme Court of Alabama · 1850
- Cordaman v. MaloneSupreme Court of Alabama · 1879
3Cited by8 opinions
- Fleming v. MooreSupreme Court of Alabama · 1925
- Travis, Murray & Co. v. Topeka Supply Co.Supreme Court of Kansas · 1889
- Striplin & Co. v. Cooper & SonSupreme Court of Alabama · 1885
- Kyle v. SwemSupreme Court of Alabama · 1892
- Curry v. Equitable Surety Co.Colorado Court of Appeals · 1915
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