County of Dallas v. Timberlake
Supreme Court of Alabama
Appeal from Chancery Court of Dallas. Heard before Hon. Charles Turner. The opinion states the case. It is not important that the statute says that the lien on the property of the tax collector shall be “for the amount of any judgment which may be rendered against him in his official capacity;” for, the judgment is only the mode of ascertaining the amount of the default — nothing more; the hen existed before the recovery of the judgment.
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Appeal from Chancery Court of Dallas. Heard before Hon. Charles Turner. The opinion states the case. It is not important that the statute says that the lien on the property of the tax collector shall be “for the amount of any judgment which may be rendered against him in his official capacity;” for, the judgment is only the mode of ascertaining the amount of the default — nothing more; the hen existed before the recovery of the judgment. The statute provides that the bond shall operate as a lien from its execution. No hen for the security of a debt is ever enforced without ascertaining the…
1Opinion of the CourtManning, J.
The bill in this cause was filed on behalf of the county of Dallas, complainant, against • J". C. S. 'Timberlake, late tax collector of that county from September 6th, 1870, to June 2d, 1871, and against his sureties in the original and several subsequent official bonds, the latter given upon the requirement of the" probate judge, on report being made by the grand jury of the insufficiency of the security, except the last bond, dated March 18th, 1871, which defendant, Yirgil G. Weaver (it is'alleged) insists was required to be given on a petition by him asking to be released from Ms liability…
2Cases cited3 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
- Halsted v. RabbSupreme Court of Alabama · 1838
3Cited by35 opinions
- Coons v. StateIndiana Supreme Court · 1922
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- Knighton v. CurrySupreme Court of Alabama · 1878
- Shaddix v. National Surety Co.Supreme Court of Alabama · 1930
- Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
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