Coleman v. Ormond
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Luther R. Smith. The facts of this case were thus stated in the opinion of the court, as delivered by Brickell, C. J.:— “ William E. Pierce, having been appointed register of the Chancery Court of Greene county, on the 22d day of July, 1872, executed a bond, payable and with condition as required by law, for the faithful performance of his duties as such register, in which the appellants and others joined as his…
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Appeal from the Circuit Court of Greene. Tried before the Hon. Luther R. Smith. The facts of this case were thus stated in the opinion of the court, as delivered by Brickell, C. J.:— “ William E. Pierce, having been appointed register of the Chancery Court of Greene county, on the 22d day of July, 1872, executed a bond, payable and with condition as required by law, for the faithful performance of his duties as such register, in which the appellants and others joined as his sureties. Prior to, and at the time of his appointment, there was pending in said court a cause, entitled, according to…
1Opinion of the CourtBrickell, C. J.
(After stating the facts.) — The question presented, decisive of the cause, is, whether the Court of Chancery could properly commit to Pierce, as register, the duty of collecting and receiving money, on choses in action, which were under its control, and whether a liability for his fidelity in this respect falls within the obligation ana condition of his official bond. We lay no stress on the fact that, in the order charging him with the duty, he is styled as special receiver. As register, he is charged with the duty, and it is from the nature and character of the duty, and not from this…
2Cases cited3 opinions
- Kelly v. MooreSupreme Court of Alabama · 1874
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Governor ex rel. Simmons v. HancockSupreme Court of Alabama · 1841
3Cited by9 opinions
- American Surety Co. of New York v. First Nat. BankSupreme Court of Alabama · 1919
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- McPhillips v. McGrathSupreme Court of Alabama · 1897
- McKee v. GriffinSupreme Court of Alabama · 1880
- Mitchell v. RiceSupreme Court of Alabama · 1902
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