Town of Clayton v. Martin
Alabama Court of Appeals
Assumpsit. Appeal from Barbour Circuit Court. Heard before Hon. A. H. Alst'on. Action by the town of Clayton against the sureties on the bond of the town marshal to recover taxes and fines alleged to have been collected by the marshal and not paid over. Demurrers were sustained to the complaint on the theory that no ordinances had been provided creating the office of marshal, and that in truth and in fact there was no such officer in the town.
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Assumpsit. Appeal from Barbour Circuit Court. Heard before Hon. A. H. Alst'on. Action by the town of Clayton against the sureties on the bond of the town marshal to recover taxes and fines alleged to have been collected by the marshal and not paid over. Demurrers were sustained to the complaint on the theory that no ordinances had been provided creating the office of marshal, and that in truth and in fact there was no such officer in the town. Plaintiff took a non-suit with bill of exceptions and appeals. Every count of the complaint was sufficient, or if insufficient, they were not subject…
1Opinion of the Court
de GRAFFENRIED, J.
This suit was brought by the town of Clayton against the appellees as sureties upon the bond of the marshal of said town. There were five counts to the complaint. The fifth count of the complaint alleges that one Houston was unanimously elected by the town council marshal of said toAvn for a term of two years commencing September 1, 1909; that, pursuant to the requirements of an ordinance of said town, said Houston executed, a bond, with appellees as his sureties, payable to said town, with condition that if the said Houston “shall faithfully discharge the duties of such…
2Cases cited1 opinion
- Segrest v. Segrest's HeirsSupreme Court of Alabama · 1863
3Cited by4 opinions
- Thomas v. StateAlabama Court of Appeals · 1915
- Ingram v. EvansSupreme Court of Alabama · 1933
- Dorch v. StateAlabama Court of Appeals · 1955
- Gilhooley v. Columbus Railway, Power & Light Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1918