Snedicor v. Barnett
Supreme Court of Alabama
Error to the Circuit Court of Greene. This was an action by the defendant in error, against the plaintiff in error, Clerk of the County Court of Greene, for taking insufficient surety to a writ of error bond. Much testimony was given to prove the insolvency of the surety, but it need not be here set out, as the judgment of the court below, and of this court, turned upon the fact, shown by the evidence, that the surety taken by the clerk was not a resident citizen of Alabama.
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Error to the Circuit Court of Greene. This was an action by the defendant in error, against the plaintiff in error, Clerk of the County Court of Greene, for taking insufficient surety to a writ of error bond. Much testimony was given to prove the insolvency of the surety, but it need not be here set out, as the judgment of the court below, and of this court, turned upon the fact, shown by the evidence, that the surety taken by the clerk was not a resident citizen of Alabama. The court charged the jury, that if the surety, Hunter, at the time he was taken, was not a citizen of the State of…
1Opinion of the CourtOrmond, J.
The question presented is, whether the surety to writ of error bond, must be a citizen of the State? This depends upon the proper construction of our statutes. The act of 1820, (Clay’s Dig. 307, § 6,) provides, that no judgment shall be suspended, by a writ of error, “ unless the party applying for it, shall execute in the clerk’s office a bond wtth sufficient security, conditioned,” &c. The act of 1822, (Ib. § 7,) makes the clerk responsible for taking insufficient security, but permits him to defend himself by showing, that the person he took as security, “ was generally reputed sufficient…
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