Brewer v. King's Sureties
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. J. Q. Smith, Tbis was a statutory proceeding, by notice and motion, for a summary judgment against John B. King, and tbe sureties on bis official bond as tax-collector of Sanford (now Lamar) county; and was instituted by Willis Brewer, as State Auditor, on tbe ldtb September, 1877. Said King was elected tax-collector of Lamar county, at tbe general election in November, 1871; and bis official bond, which was…
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. J. Q. Smith, Tbis was a statutory proceeding, by notice and motion, for a summary judgment against John B. King, and tbe sureties on bis official bond as tax-collector of Sanford (now Lamar) county; and was instituted by Willis Brewer, as State Auditor, on tbe ldtb September, 1877. Said King was elected tax-collector of Lamar county, at tbe general election in November, 1871; and bis official bond, which was conditioned as required by law, and regularly approved, was dated tbe 20tb November, 1871. Tbe proceeding was…
1Opinion of the CourtManning, J.
John R. King was elected, in November, 1871, tax-collector of Sanford, now Lamar county ; and the defendants in this cause became his bondsmen for the faithful discharge of the duties of the office. The election was had under the act of 1868, “to regulate elections in this Stateaccording to which, a tax-collector was to be elected, in each county, on the first Tuesday after the first Monday of November in the year 1871, “and every three years thereafter.” — Acts of 1868, p. 272, § 8. Defendants are sued for taxes collected by King, after the election, in November, 1874, of another person as…
2Cases cited4 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Morrow v. WoodSupreme Court of Alabama · 1876
- Welch v. SeymourSupreme Court of Connecticut · 1859
- United States v. CheesemanU.S. Circuit Court for the District of California · 1875
3Cited by3 opinions
- Hall v. StateSupreme Court of Alabama · 1900
- McKee v. GriffinSupreme Court of Alabama · 1880
- Mobile & Montgomery Railway Co. v. BrewerSupreme Court of Alabama · 1884