Botts v. Bridges
Supreme Court of Alabama
In error to the Circuit Court of Wilcox. This case was an action of debt, by Bridges, Judge of the County Court of Wilcox, for the use of Rodgers, upon the bond of Botts, and another, given by Botts, as the keeper of a ferry.
Read the full summary
In error to the Circuit Court of Wilcox. This case was an action of debt, by Bridges, Judge of the County Court of Wilcox, for the use of Rodgers, upon the bond of Botts, and another, given by Botts, as the keeper of a ferry. The declaration complained, — “ For that, theretofore, the said defendants, on the fourth day of February, A. D. one thousand eight hundred and thirty-three, in the County aforesaid, by their certain writing obligatory, sealed with their seals, (which writing obligatory is, as directed by law, on file and on record, in the office of the clerk of the County Court of said…
1Opinion of the CourtHopkins, C. J.
— The action in this case is debt upon a penal bond, made by the plaintiffs in error, to Bridges, the Judge of the County Court of Wilcox county, to enable George W. Botts, one of the obli-gors, to obtain a license to keep a public ferry on the Alabama id ver. The suit is in the name of the judge, to whom the bond was made, for the use of Wiley Rogers.- In the declaration ■ the condition of the bond is set out, and three breaches of it are assigned. The declaration also contains an averment of matter, intended as an excuse for the omission of profert of the bond. The plaintiffs in error…
2Cited by1 opinion
- Mallory v. MatlockSupreme Court of Alabama · 1845