Governor ex rel. Simmons v. Hancock
Supreme Court of Alabama
Writ of Error to the County Court of Sumter County. ActxoN of debt on a sheriff’s bond against the defendants, who signed the same as sureties for William Johnson. The bond is conditioned, that Johnson, as sheriff of Sumter County, shall well and truly pay over all monies received by him, and otherwise faithfully discharge all the duties, which are .or may be required of him by law, during the time for which he is appointed.
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Writ of Error to the County Court of Sumter County. ActxoN of debt on a sheriff’s bond against the defendants, who signed the same as sureties for William Johnson. The bond is conditioned, that Johnson, as sheriff of Sumter County, shall well and truly pay over all monies received by him, and otherwise faithfully discharge all the duties, which are .or may be required of him by law, during the time for which he is appointed. The declaration sets out the bond and its condition, and the breaches assigned are substantially these : That an attachment was issued at the suit of Anne Simmons against…
1Opinion of the CourtGoldthwaite, J.
— The question here is not whether the sheriff is personally liable to respond in damages for the acts complained of; but it is whether such acts are within the condition of his official bond. In our opinion, they do not constitute a breach of the condition. We will not say that the sureties of a sheriff are not liable in some cases of malfeasance ; but in such, we think the malfeasance must in include a misfeasance also ; as, for instance, if the sheriff should wantonly destroy property levied by him, this would be a tortious act, but there would likewise, be a tortious omission of his duty,…
2Cited by13 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Ex parte BuckleySupreme Court of Alabama · 1875
- Coleman v. RobertsSupreme Court of Alabama · 1896
- Kelly v. MooreSupreme Court of Alabama · 1874
- McElhaney v. GillelandSupreme Court of Alabama · 1857
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