Sumter County v. Mitchell
Supreme Court of Alabama
Appeal from tbe Chancery Court of Sumter. Heard before tbe Hon. Thos. ~W. Coleman. Tbe bill in tbis case was filed on tbe 8tb February, 1887, in tbe name of Sumter County, against Tbomas M. Brunson and David W. Mitcbell, with tbe sureties on tbeir official bonds as tax-collector and county treasurer respectively; and prayed relief as follows: “Tbat tbe said Mitcbell and Brunson eacb discover under oatb wbat, if any, of tbe funds in bis bands in bis official capacity be bas…
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Appeal from tbe Chancery Court of Sumter. Heard before tbe Hon. Thos. ~W. Coleman. Tbe bill in tbis case was filed on tbe 8tb February, 1887, in tbe name of Sumter County, against Tbomas M. Brunson and David W. Mitcbell, with tbe sureties on tbeir official bonds as tax-collector and county treasurer respectively; and prayed relief as follows: “Tbat tbe said Mitcbell and Brunson eacb discover under oatb wbat, if any, of tbe funds in bis bands in bis official capacity be bas used, loaned out, converted, or permitted to be used, loaned, or converted by others, with the respective amounts and…
1Opinion of the CourtClopton, J.
Appellant takes the appeal from a decree of the chancellor sustaining a demurrer to the bill, which is brought on behalf of Sumter county against the tax-collector and the treasurer, and the sureties on their several official bonds. It alleges that the defendant Brunson was elected tax-collector in 1880, re-elected in 1884, and after each election, before entering on the duties of his office, executed bond as required by law; and that D. W. Mitchell was elected treasurer of the county in 1884, and gave bond for the discharge of the duties of his office. It further alleges that the collector…
2Cases cited6 opinions
- County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
- Crothers v. LeeSupreme Court of Alabama · 1856
- Schuessler v. DudleySupreme Court of Alabama · 1886
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
- Lott v. Mobile CountySupreme Court of Alabama · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Harland v. PersonSupreme Court of Alabama · 1890
- Montgomery County v. CochranCourt of Appeals for the Fifth Circuit · 1903
- Merchants' Nat. Bank of Mobile v. RocheSupreme Court of Alabama · 1933