Albright v. Mills
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Cabmiohael. This action was brought by Ben. D. Mills, against Oswell Albright and others, sureties on said Albright’s official bond as sheriff of said county; and was commenced on 22d August, 1884. The original complaint contained but a single count, which claimed “$500 damages for a trespass committed by said Albright in levying an attachment in favor of Renfro Bros. v. George S. Mills, on personal…
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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Cabmiohael. This action was brought by Ben. D. Mills, against Oswell Albright and others, sureties on said Albright’s official bond as sheriff of said county; and was commenced on 22d August, 1884. The original complaint contained but a single count, which claimed “$500 damages for a trespass committed by said Albright in levying an attachment in favor of Renfro Bros. v. George S. Mills, on personal property belonging to plaintiff; which said levy was made October 31st, 1883, on a writ of attachment issued from the Circuit…
1Opinion of the CourtSomerville, J.
The action is one brought by the appellee, Mills, against the sheriff of Lee county and his sureties, for a wrongful levy on the plaintiff’s crops, under a writ of attachment su5d out against one George S. Mills, the purpose of the attachment being to enforce a lien created for advances to make crops under the provisions of section 3286 of the Code of 1886.
The statute expressly declares, that every official bond shall be obligatory on the principal and sureties, for any breach of condition, “as well by'any torongful act committed under color of his [the principal’s | office, as by his failure…
2Cases cited10 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Kelly v. MooreSupreme Court of Alabama · 1874
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Charles v. HaskinsSupreme Court of Iowa · 1860
- Woolsey & Sons v. Jones & Bro.Supreme Court of Alabama · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Fite v. PearsonSupreme Court of Alabama · 1926
- Plunkett v. DendySupreme Court of Alabama · 1916
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- King v. GraySupreme Court of Alabama · 1914
7 more not listed; retrieve them via the Exa API.