Legal Opinion

McGrew v. Governor

Supreme Court of Alabama

Decided January 15, 1851PublishedCited by 5 opinions

ERROR to the Circuit Court of Sumter. Tried before the Hon. S. Chapman. This was an action of debt brought in the name of the Governor, for the use of Carver and Woolsey, against the securities of a justice--of the peace, on his official bond, to recover the amount of a promissory note placed in his hands for collection, by said Carver and Woolsey.

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ERROR to the Circuit Court of Sumter. Tried before the Hon. S. Chapman. This was an action of debt brought in the name of the Governor, for the use of Carver and Woolsey, against the securities of a justice--of the peace, on his official bond, to recover the amount of a promissory note placed in his hands for collection, by said Carver and Woolsey. Two breaches were assigned in the declaration; first, that he had collected the money due on the note, and had failed to pay it over, as by law required; and second, that he had failed to collect it, when by due diligence he might have collected.…

1Opinion of the Court

CHILTON, J-

A justice of the peace is a judicial officer as-to civil matters falling within his jurisdiction as prescribed by the several statutes, (Clay’s Dig. 358, 361, et -seq;) and we think that the statute requiring him to give bond for the faithful performance of the duties of his office, and for paying over all moneys which shall come to his hands, to the person-or persons entitled to the same, has reference to his ministerial and not to his judicial duties. We do not think the statute was designed to give an action against the justice for an act done judicially, and within the scope of…

2Cases cited3 opinions

  1. Gregory v. BrownCourt of Appeals of Kentucky · 1815
  2. Lester v. GovernorSupreme Court of Alabama · 1847
  3. Moore v. HendersonSupreme Court of Alabama · 1850

3Cited by5 opinions

  1. Ex parte BuckleySupreme Court of Alabama · 1875
  2. Harris v. Plant & Co.Supreme Court of Alabama · 1858
  3. Scott v. RyanSupreme Court of Alabama · 1896
  4. Adams v. HeadAlabama Court of Appeals · 1952
  5. Alexander v. TraskSupreme Court of Alabama · 1852

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