Chapman v. Spence
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. Debt on a sheriff’s bond, against him and his sureties.
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Error to the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. Debt on a sheriff’s bond, against him and his sureties. The writ is in the name of “Reuben Chapman, Governor, &c., who sues for the use of the Branch of the Bank of the State of Alabama at Decatur;” and the declaration is in the name of “Reuben Chapman, Governor of the State of Alabama, and successor in office of Benjamin Fitzpatrick, who sues for the use of the Branch of the,Bank of the State of Alabama at Decatur.” The defendants below moved to strike the declaration from the files, because there was no writ in…
1Opinion of the CourtLigon, J.
That the governor of this State is a corporation sole, which can never die, but exists by constant succession of some individual to the office, is a proposition which at this day will scarcely be doubted. The Governor v. Allen *591& McMurdie, 8 Humph. 176; Polk v. Plummer et al., 2 Humph. 506. But this is to be understood of the officer, and-not of the person; so that when a bond, required by law to be made payable to the governor of the State, and his successors in office, is made payable to a particular individual by the style of governor, the bond must be regarded as payable to the officer,…
2Cases cited4 opinions
- James Reid & Co. v. McLeodSupreme Court of Alabama · 1852
- Bagby v. ChandlerSupreme Court of Alabama · 1845
- Bagby v. BakerSupreme Court of Alabama · 1851
- Curry & Co. v. PaineSupreme Court of Alabama · 1841
3Cited by9 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Gibson v. LandSupreme Court of Alabama · 1855
- Agee v. WilliamsSupreme Court of Alabama · 1855
- Turner v. RoundtreeSupreme Court of Alabama · 1857
- Couch v. AtkinsonSupreme Court of Alabama · 1858
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