Legal Opinion

Searcy v. Cullman County

Supreme Court of Alabama

Decided April 13, 1916PublishedCited by 3 opinions

Appeal from Cullman Circuit Court. Heard before Hon. Kobert C. Brickell. Suit by the county of Cullman against J. J. Searcy and others, sureties upon his general official bond, as county -treasurer. Judgment for plaintiff and defendáns appeal.

1Opinion of the Court

MCCLELLAN, j.

(l, 2) The county of Cullman instituted this action against the county treasurer and the sureties on his general official bond to recover a sum of money — received and afterwards misappropriated by the county treasurer — derived from the sale of county bonds authoritatively issued and sold for the purpose of affording funds wherewith to construct and maintain public roads. — Code, § 158 et seq. The bond of the treasurer was incorrectly made payable to the state of Alabama, instead of to the county of Cullman; but, in view of the statutes, this error is of no importance or…

2Cases cited4 opinions

  1. Morrow v. WoodSupreme Court of Alabama · 1876
  2. Jackson County v. DerrickSupreme Court of Alabama · 1897
  3. United States Fidelity & Guaranty Co. v. Union Trust & Savings Co.Supreme Court of Alabama · 1904
  4. Barnes v. HudmanSupreme Court of Alabama · 1877

3Cited by3 opinions

  1. National Surety Co. v. StateSupreme Court of Alabama · 1929
  2. Ingram v. EvansSupreme Court of Alabama · 1933
  3. Pickens County v. National Surety Co.Supreme Court of Alabama · 1934

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