Brooks v. Governor
Supreme Court of Alabama
Error to the Circuit Court of Pike. Tried before the Hon. Thos. A. Walker. 1. Sureties are not liable for a penalty, nor for the tort or trespass of their principal. 2.If sureties are liable for damages resulting from such • wrong as is alleged, — the pleadings must precisely show, that some damage, appreciable by the law, has arisen.
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Error to the Circuit Court of Pike. Tried before the Hon. Thos. A. Walker. 1. Sureties are not liable for a penalty, nor for the tort or trespass of their principal. 2.If sureties are liable for damages resulting from such • wrong as is alleged, — the pleadings must precisely show, that some damage, appreciable by the law, has arisen. Because Lawrence recovered in an action to which plaintiffs in error were no parties, it does not follow that he was damnified, nor that he had a right to recover. It is to be intended that he sued for a common law injury, it not being avered that he sued in qui…
1Opinion of the CourtParsons, J.
The material facts contained in each count of the declaration are these: Jesse W. Loe, being elected clerk of the County Court of Pike, gave bond, with sureties, payable to the Governor, with condition that he should well and truly perform all such duties as are or might be required of him by law, during the time he was clerk. He afterwards issued a marriage license, authorising the marriage of William H. Red-man and Mary Ann Lawrence, who was then a minor under eighteen years of age, without the consent of the father of Mary Ann personally given, or without the proof of his consent required…
2Cited by9 opinions
- State Ex Rel. Schilling v. Oklahoma CitySupreme Court of Oklahoma · 1917
- Phillips v. MorrowSupreme Court of Alabama · 1923
- Jeffreys v. MaloneSupreme Court of Alabama · 1894
- State v. FlynnIndiana Supreme Court · 1901
- Eccles v. WalkerNebraska Supreme Court · 1906
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