Alston v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. u This was an action brought by the State to recover for the breach of the official bond of the appellant, who was at that time, and had been for some time previous, Probate Judge of Barbour county; and was brought against the appellant and Amanda A. Ott.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. u This was an action brought by the State to recover for the breach of the official bond of the appellant, who was at that time, and had been for some time previous, Probate Judge of Barbour county; and was brought against the appellant and Amanda A. Ott. The breach consisted in not paying over to the State Treasurer certain moneys which had been collected by him as the State License Tax froTn retail liquor dealers. The defendant pleaded the general issue, and the faithful performance of every condition of…
1Opinion of the CourtWalker, J.
In such cases as the law prescribes a State or County license to engage in, or carry on any business, or to do any act, the amount required for such license must be paid to the Probate Judge of the Oounty in which it is proposed to engage in, or carry on such business, or to do such act; the money so paid for licenses being part of the revenue of the *127State or County, as the case may be, and received by the Probate Judge in his official capacity, he is prohibited, under criminal penalties, from knowingly converting or applying any of it to his own use, or to the use of any other person, or…
2Cases cited5 opinions
- Boyden v. President of the BankSupreme Court of North Carolina · 1871
- Lowry v. Polk CountySupreme Court of Iowa · 1879
- McLain v. WallaceIndiana Supreme Court · 1885
- State v. HoustonSupreme Court of Alabama · 1885
- Havens v. . LatheneSupreme Court of North Carolina · 1876
3Cited by35 opinions
- Officer v. OfficerSupreme Court of Iowa · 1903
- State v. BickfordNorth Dakota Supreme Court · 1913
- Lacey v. StateAlabama Court of Appeals · 1915
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Ellis v. BatsonSupreme Court of Alabama · 1912
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