Lester v. Governor
Supreme Court of Alabama
Writ of Error to the Circuit Court of Fayette. This was an action of covenant at the suit of the defendant in error, against Lester and his surety, on the official bond of the former, as a justice of the peace.
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Writ of Error to the Circuit Court of Fayette. This was an action of covenant at the suit of the defendant in error, against Lester and his surety, on the official bond of the former, as a justice of the peace. The breach alledg-ed is, that the beneficial plaintiff recovered a judgment against one Miles Jennings, before the defendant, Lester, and that the latter granted the defendant in the judgment an appeal, and accepted and approved a bond for its prosecution,with a surety which he knew to be insolvent. There was a demurrer to one of the pleas, which was sustained, and the cause was then…
1Opinion of the CourtCollier, C. J.
In receiving a bond for the prosecution of an appeal, it has been held that a justice of the peace acts •as a ministerial officer, and if he refuses it without objection to its legal sufficiency, an action on the case will lie against him. [The People v. The Judges of Dutchess, 7 Cow. Rep. 487; Butler v. Kent, 19 Johns. Rep. 223; Tompkins v. Sands, 8 Wend. Rep. 468.] But the approval of a surety who has executed, or proposes to execute a bond, is a judicial act. [The People v. The Judges of Dutchess, supra; Smith v. Trawl, 1 Root’s R. 165.]
In Tracy v. Williams, 4 Conn. Rep. 107, it was held,…
2Cases cited6 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Tompkins v. SandsNew York Supreme Court · 1832
- Tracy v. WilliamsSupreme Court of Connecticut · 1821
- Griffin v. MitchellNew York Supreme Court · 1824
- Parmalee v. BaldwinSupreme Court of Connecticut · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ex parte BuckleySupreme Court of Alabama · 1875
- Ex parte HarrisSupreme Court of Alabama · 1875
- Irion v. LewisSupreme Court of Alabama · 1876
- Scott v. RyanSupreme Court of Alabama · 1896
- McGrew v. GovernorSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.