Harris v. Plant & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before tbe Hon. JohN Gill SiiouteR. This action was brought by George E. Plant & Co., as partners, against Mary M. Harris, as administratrix of Hartwell S. Harris, deceased, and Elijah Rigby; and ivas founded on a penal bond, executed by said Hartwell Harris on the 1st January, 1850, with said Rigby as his surety, the condition of which was in these words : “ Whereas the above bound Hartwell S. Harris is - keeper of the public…
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Appeal from the Circuit Court of Dallas. Tried before tbe Hon. JohN Gill SiiouteR. This action was brought by George E. Plant & Co., as partners, against Mary M. Harris, as administratrix of Hartwell S. Harris, deceased, and Elijah Rigby; and ivas founded on a penal bond, executed by said Hartwell Harris on the 1st January, 1850, with said Rigby as his surety, the condition of which was in these words : “ Whereas the above bound Hartwell S. Harris is - keeper of the public ferry across the Alabama river below the mouth of Bogue Chitto, being the same ferry established by Rufus W. Greening and…
1Opinion of the CourtWalker, J.
— A ferry bond is not the bond of an officer, or a bond given in an official capacity; and, therefore, is not embraced by section 2154 of the Code, which authorizes suits upon certain bonds in the name of the person injured.
2. As the suit was commenced in the name of the person injured, an amendment, making it the suit of the probate judge, for the use of such person, was proper; and, being proper, was certainly permissible under section 2403 of the Code. — Governor v. Davis, 9 Ala. 917.
3. The complaint was against Mrs. Harris in her representative capacity, and not as an individual. The…
2Cases cited14 opinions
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Bancroft v. StantonSupreme Court of Alabama · 1845
- Owners of Steamboat Farmer v. McCrawSupreme Court of Alabama · 1855
- Bean v. PearsallSupreme Court of Alabama · 1847
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3Cited by28 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Sellar v. ClellandSupreme Court of Colorado · 1875
- Hutton v. WilliamsSupreme Court of Alabama · 1860
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