Coleman v. Pike County
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pike. Tried before tbe Hon. John P. Hubbard. Tbis action was brought in tbe name of Pike County, against W. S. Coleman and others, as sureties on tbe official bond of J. F. Tyler, deceased, as county treasurer of said county; and was commenced on tbe 6th September, 1886. Tbe bond was dated the 18th August, 1884, and conditioned as prescribed by law.
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Appeal from tbe Circuit Court of Pike. Tried before tbe Hon. John P. Hubbard. Tbis action was brought in tbe name of Pike County, against W. S. Coleman and others, as sureties on tbe official bond of J. F. Tyler, deceased, as county treasurer of said county; and was commenced on tbe 6th September, 1886. Tbe bond was dated the 18th August, 1884, and conditioned as prescribed by law. Tbe complaint alleged tbe execution of tbe bond, and set out its condition; averred tbat tbe treasurer entered on tbe duties of tbe office, and continued in tbe discharge thereof until bis death, which occurred on…
1Opinion of the Court
CLOPTON, J. —
1. There are several breaches of the bond sued on assigned in the complaint, some of which are too general, while others, relating to the illegal use or expenditure of the money of the county, and the failure to keep and disburse it according to law, are sufficiently certain and definite. The demurrer goes to the entire complaint, each assignment of a breach being specified as cause of demurrer. Some of the assignments being sufficient, the demurrer was properly overruled. — Williamson v. Wolf, 37 Ala. 298.
2. The complaint alleges that the bond, which is set forth therein, and is…
2Cases cited6 opinions
- Perryman v. City of GreenvilleSupreme Court of Alabama · 1874
- Williamson v. WoolfSupreme Court of Alabama · 1861
- Venable v. ThompsonSupreme Court of Alabama · 1847
- Murchie v. McNabSupreme Court of Alabama · 1840
- Garrett v. Trabue, Davis & Co.Supreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Western Railway v. ArnettSupreme Court of Alabama · 1902
- Pacific Biscuit Co. v. DuggerOregon Supreme Court · 1902
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
8 more not listed; retrieve them via the Exa API.