Carroll v. Burgrin
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by W. O. Carroll against J. B. Burgin and others, sureties on his official bond as sheriff, to recover the value of the property recovered by plaintiff in a detinue suit, which was alleged to have been lost to plaintiff by the refusal of his deputy to receive it. From a judgment for defendant plaintiff appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by W. O. Carroll against J. B. Burgin and others, sureties on his official bond as sheriff, to recover the value of the property recovered by plaintiff in a detinue suit, which was alleged to have been lost to plaintiff by the refusal of his deputy to receive it. From a judgment for defendant plaintiff appeals. The court erred in overruling the demurrer to the 2nd plea. — Brewster v. Gavin, 127 Ala. 319; Rymi v. Couch, 66 Ala. 249. The demurrers to the 5th plea should have been sustained.— Sec. 1479, Code 1896; Jesse…
1Opinion of the CourtSimpson, J.
The suit in this case was brought by the appellant against the appellees, as principal and sureties on the bond made by said Burgin ás sheriff of Jefferson county. The breaches of the bond alleged relate to a suit in detinue for the recovery of two mules, commenced September 27, 1906. The property sued for was talren into the custody of the sheriff, and on October 3, 1906, delivered to the defendant on the execution of a forthcoming bond. On December 13, 1906, judgment was rendered for the plaintiff. It is assigned as a breach of the condition of the bond of said sheriff that “he failed to…
2Cases cited5 opinions
- Ryan v. CouchSupreme Court of Alabama · 1880
- Jesse French Piano & Organ Co. v. BradleySupreme Court of Alabama · 1904
- Bruister v. GavinSupreme Court of Alabama · 1899
- Frazier v. Parks' Adm'rsSupreme Court of Alabama · 1876
- Salter v. ShoveSupreme Court of Minnesota · 1895
3Cited by2 opinions
- Jaffe v. LeathermanSupreme Court of Alabama · 1930
- Hayes v. WaldropSupreme Court of Alabama · 1926