Renfro v. Heard
Supreme Court of Alabama
Writ of Error to the Circuit Court of Benton. Before the Hon. G. W. Lane. The plaintiff in error declared against the defendant in an action of debt, on a bond, which is set out verbatim in the declaration, and is as follows: “ Know all men by these presents, that we, James C. Holmes, and George C. Heard, are held and firmly bound, unto W. A. Renfro, constable, in the penal sum of $500, for the payment of which, well and truly to be made, we bind ourselves, our heirs,…
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Writ of Error to the Circuit Court of Benton. Before the Hon. G. W. Lane. The plaintiff in error declared against the defendant in an action of debt, on a bond, which is set out verbatim in the declaration, and is as follows: “ Know all men by these presents, that we, James C. Holmes, and George C. Heard, are held and firmly bound, unto W. A. Renfro, constable, in the penal sum of $500, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and assigns, jointly, severally and firmly, by these presents. Signed and sealed, this 14th day of January, 1843. '…
1Opinion of the CourtDargan, J.
Although the legality of a bond is usually tested by a plea, yet if the bond upon its face is shown to have been executed upon an illegal consideration, and the bond is fully set out in the declaration, a demurrer to the declaration, founded on it, is a proper mode of testing its validity. See 6 Ala. Rep. 128. Hence, if the bond as declared on is illegal, the judgment sustaining the demurrer is not erroneous.
A bond executed to a sheriff, to induce him to do an unlawful act, is void. See Prewitt v. Garrett, 6 Ala. Rep. 128; 2 J. J. Marsh. 181; 4 Cowen, 340 ; 8 Ala. Rep. 476. So a bond given to…
2Cases cited2 opinions
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Prewitt v. GarrettSupreme Court of Alabama · 1844
3Cited by5 opinions
- Johnson's Adm'r v. Sellers' Adm'rSupreme Court of Alabama · 1858
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Carter v. WaughSupreme Court of Alabama · 1868
- Collier's Adm'r v. WindhamSupreme Court of Alabama · 1855
- United States v. Fidelity & Deposit Co.Court of Appeals for the Ninth Circuit · 1935