Lake v. Governor
Supreme Court of Alabama
An action of debt was instituted in Perry County Court, in 1827, in the name of John Murphy, Governor of Alabama, and successor of I. Pickens, against J. Lake and W, Barron, on a bond executed by them the Slst October, 1825, whereby they bound themselves to'said Pick-ens, Governor, and his successors in office, in the penalty of $2,000, with condition, that, “ whereas, Peggy'Hartley, a single woman, hath in, and by her examination, taken in writing, and upon oath, before me,…
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An action of debt was instituted in Perry County Court, in 1827, in the name of John Murphy, Governor of Alabama, and successor of I. Pickens, against J. Lake and W, Barron, on a bond executed by them the Slst October, 1825, whereby they bound themselves to'said Pick-ens, Governor, and his successors in office, in the penalty of $2,000, with condition, that, “ whereas, Peggy'Hartley, a single woman, hath in, and by her examination, taken in writing, and upon oath, before me, the undersigned, a justice of the peace in and for said county, declared that on the 4th of October instant, she was…
1Opinion of the Court
By JUDGE WHITE.
It is not contended that there is any variance between the bond as declared on, and that reacl upon oyer. But in the first place, it is insisted that the judgment is erroneous, in having been rendered for a less sum than the penalty, by the Court, without the intervention of a jury. To this, it may be answered that the plaintiffs here cannot be • heard to complain of that as an error, which is manifestly for their own advantage. Again, the statute of 1811, concerning bastardy, prescribes no particular amount in which the justice is required to take the appearance bond. The…
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