Legal Opinion

State v. Houston

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 27 opinions

Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought in the name of the State of Alabama, against Samuel D. Houston and the sureties on his official bond as tax-collector of Lawrence county; and was commenced on the 9th November, 1883. The bond was in the penal sum of $20,000, dated and approved August 19th, 1882, and conditioned as follows: “The condition of the above obligation is such, that whereas the above-bound S. 1).…

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Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought in the name of the State of Alabama, against Samuel D. Houston and the sureties on his official bond as tax-collector of Lawrence county; and was commenced on the 9th November, 1883. The bond was in the penal sum of $20,000, dated and approved August 19th, 1882, and conditioned as follows: “The condition of the above obligation is such, that whereas the above-bound S. 1). Houston has been required to give new bond as tax-collector of said county, and has executed this as such new bond ;…

1Opinion of the CourtClopton, J.

In United States v. Prescott, 3 How. 578, the action was brought against the principal obligor and his sureties, on a bond given for the faithful performance of his duties as receiver of public moneys. In the condition of the bond there was an express stipulation, that the receiver should well, truly and faithfully keep safely, without loaning or using, all moneys collected or received by him, until ordered to- pay them out by the proper department or officer, and, when so ordered, payment should be promptly made. The defense pleaded was, that the money had been stolen from the possession of…

2Cases cited15 opinions

  1. United States v. PrescottSupreme Court of the United States · 1845
  2. Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
  3. United States v. ThomasSupreme Court of the United States · 1873
  4. Boyden v. United StatesSupreme Court of the United States · 1872
  5. Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845

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3Cited by27 opinions

  1. Horn v. StateWyoming Supreme Court · 1903
  2. Patterson v. StateSupreme Court of Alabama · 1918
  3. Alston v. StateSupreme Court of Alabama · 1890
  4. National Surety Co. v. StateSupreme Court of Alabama · 1929
  5. Fairchild v. HedgesWashington Supreme Court · 1896

22 more not listed; retrieve them via the Exa API.

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