Savage v. Mathews
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before the Hon. John B. Tally. This action was brought by the appellee, T. B. Mathews, against the appellant, B. B. Savage, the judge of probate of Cherokee county, and the sureties on his official bond, and was begun on the 29th of August, 1890. The complaint alleged, substantially, that the official bond of the said judge of probate required of him a faithful performance of all the duties of that office, and that there had been a…
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Appeal from Cherokee Circuit Court. Tried before the Hon. John B. Tally. This action was brought by the appellee, T. B. Mathews, against the appellant, B. B. Savage, the judge of probate of Cherokee county, and the sureties on his official bond, and was begun on the 29th of August, 1890. The complaint alleged, substantially, that the official bond of the said judge of probate required of him a faithful performance of all the duties of that office, and that there had been a breach of the condition of the bond in this, that it was the duty of said judge to issue to claimants, warrants on the…
1Opinion of the CourtHead, J.
This is a novel action in this State. We have been referred to no authority which supports it, and can find none. We are sure it has no support in principle.
Section 901 of the Code provides that, “the court of county commissioners must, in term time, audit all claims against their respective counties; and every claim or such part thereof as is allowed, must be registered in a book kept for that purpose ; and the. judge of probate must give the claimant a warrant on the treasurer for the amount so allowed.” It is the duty of the treasurer to register, according to prescribed forms, in well…
2Cases cited3 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Grayson v. LathamSupreme Court of Alabama · 1887
- West v. ForemanSupreme Court of Alabama · 1852
3Cited by14 opinions
- Kimmons v. Jefferson County Board of EducationSupreme Court of Alabama · 1920
- Wyatt v. StateSupreme Court of Alabama · 1952
- Littlejohn v. LittlejohnSupreme Court of Alabama · 1916
- Norwood v. GoldsmithSupreme Court of Alabama · 1910
- Town of Eutaw v. ColemanSupreme Court of Alabama · 1914
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