Mason v. Crabtree
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. ¥m. E. Clarke. This was an action by N. M. Mason against L. Crabtree, and W. J. Jolly and C. Prichard, sureties on his official bond as a notary public “having the jurisdiction of justices of the peace;” and was commenced December 2d, 1881. The substantial aver-ments of the complaint are stated in the opinion. The defendants demurred to each of the counts, assigning numerous grounds.
Read the full summary
Appeal from Mobile Circuit Court. Tried before Hon. ¥m. E. Clarke. This was an action by N. M. Mason against L. Crabtree, and W. J. Jolly and C. Prichard, sureties on his official bond as a notary public “having the jurisdiction of justices of the peace;” and was commenced December 2d, 1881. The substantial aver-ments of the complaint are stated in the opinion. The defendants demurred to each of the counts, assigning numerous grounds. The court sustained the demurrers to the several counts, and rendered judgment thereon for the defendants. The rulings of the court on the demurrers are here…
1Opinion of the CourtStone, J.
The complaint in tbis cause, as originally filed, contained two counts. It was amended by adding a third. Each of the counts relies on an alleged breach of Crabtree’s official bond as a notary public, “ having the jurisdiction of justices-of the peace.” The condition of such bond is, “ faithfully to discharge the duties of such office so long as [he] may continue in such office, or discharge any of the duties thereof.” — Code of 1876, § 1328. Such is the averment of each of the counts in the present complaint. The suit is against Crabtree, as notary, and his sureties on his official bond. It…
2Cases cited2 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- McKee v. GriffinSupreme Court of Alabama · 1880
3Cited by10 opinions
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- National Surety Co. v. StateSupreme Court of Alabama · 1929
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Montgomery County v. CochranCourt of Appeals for the Fifth Circuit · 1903
- Jones v. BuckelewSupreme Court of Alabama · 1946
5 more not listed; retrieve them via the Exa API.