Scott v. Ryan
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This suit was brought by the appellant, John F. Scott, against Silas P. Ryan, who was sheriff, and the sureties on his official bond, to recover damages resulting to the plaintiff from the wrongful act of the defendant Ryan, in taking and approving an insufficient forthcoming bond. It is unnecessary to make a detailed statement of the facts.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This suit was brought by the appellant, John F. Scott, against Silas P. Ryan, who was sheriff, and the sureties on his official bond, to recover damages resulting to the plaintiff from the wrongful act of the defendant Ryan, in taking and approving an insufficient forthcoming bond. It is unnecessary to make a detailed statement of the facts. Upon the hearing of all the evidence, the court at the request of the defendants gave to the jury the following written charge: “I charge you, gentlemen of the jury, if you…
1Opinion of the CourtHead, J.
We feel constrained to hold that the complaint in this cause does not contain a substantial cause of action, and will not support a judgment. It is an action against the sheriff and his sureties for a breach of his official bond, and the breaches assigned, are alleged improper performance of judicial acts, by the sheriff, viz., erroneously determining the value of the property, in fixing the penalty of a forthcoming bond which it became his duty to take, and in misjudging the solvency and sufficiency of the sureties accepted by him. That these are acts, judicial in their nature, and that the…
2Cases cited7 opinions
- Ex parte HarrisSupreme Court of Alabama · 1875
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Irion v. LewisSupreme Court of Alabama · 1876
- Woodruff v. StewartSupreme Court of Alabama · 1879
- Busteed v. ParsonsSupreme Court of Alabama · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Southern Railway Co. v. HallSupreme Court of Alabama · 1906
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Brand v. United States Car Co.Supreme Court of Alabama · 1900
- Crosbie v. National Bank of CommerceSupreme Court of Oklahoma · 1922
- Continental Bank & Trust Co. v. BrandonCourt of Appeals for the Fifth Circuit · 1962
8 more not listed; retrieve them via the Exa API.