Moore v. Worsham
Supreme Court of Alabama
Eiuton to the Circuit Court of Russell. This was a motion by the plaintiff in error, against Worsham, as sheriff of Russell county, and the other two defendants as his sureties for failing to pay over money made by him on an execution of the plaintiff.
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Eiuton to the Circuit Court of Russell. This was a motion by the plaintiff in error, against Worsham, as sheriff of Russell county, and the other two defendants as his sureties for failing to pay over money made by him on an execution of the plaintiff. The sheriff took issue upon the suggestion, and the sureties offered and pleaded two special special pleas. 1. After craving oyer of the bond, with its 'condition, and setting it out, the plea proceeds to aver that the penalty of the bond has been heretofore fully recovered in various proceedings against them by motions, according to-the…
1Opinion of the CourtOrmond, J.
The pleas in this case merely affirm that judgments have been obtained against the sureties by motion, for *647the default of the sheriff, to an amount exceeding the penalty of the official bond of the sheriff, on which they are sureties, and that these judgments are unreversed, and are defective in not avering that the judgments have been discharged by them, or that they are still unsatisfied. It is entirely consistent with the facts alleged in these pleas, that all these judgments have been satisfied by the sheriff, and if so, there can be no pretence that the payment by the sheriff, would be a…
2Cases cited1 opinion
- United States v. CochranU.S. Circuit Court for the District of North Carolina · 1825
3Cited by3 opinions
- Waddle v. WilsonCourt of Appeals of Kentucky · 1915
- Bradford v. National Surety Co.Supreme Court of Alabama · 1922
- Mitchell v. RiceSupreme Court of Alabama · 1902