Craven v. Higginbotham
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy E. Box. This action was brought by Burrell Higginbotham, against W. L. Craven and the sureties on his official bond as constable; and was commenced on the 24th November, 1886. The complaint set out the bond, and alleged as breaches of the condition — 1st, that the said Craven, as constable, wrongfully took plaintiff’s property, to-wit, two oxen; 2d, that he wrongfully and falsely made'a return of…
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy E. Box. This action was brought by Burrell Higginbotham, against W. L. Craven and the sureties on his official bond as constable; and was commenced on the 24th November, 1886. The complaint set out the bond, and alleged as breaches of the condition — 1st, that the said Craven, as constable, wrongfully took plaintiff’s property, to-wit, two oxen; 2d, that he wrongfully and falsely made'a return of forfeiture on a certain forthcoming bond, which plaintiff had signed as surety for Mrs. S. A. Poore, whereupon an execution was…
1Opinion of the CourtStone, C. J.
The present suit is brought on the bond o£ Craven as constable, and seeks to hold him and his sureties liable for damages, caused by an alleged false indorsement and return of “ forfeited,” made by the former, on a forthcoming, or delivery bond, on which Higginbotham was surety for one Mrs. Poore. It was contended in the trial court, and the contention is renewed here, that parol testimony can not be received to contradict the return of the constable. That principle has no application to a case like this, where the wrong complained of is, that the officer made a false return. It is generally…
2Cases cited6 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Ex parte PearceSupreme Court of Alabama · 1885
- Tombeckbee Bank v. GodboldSupreme Court of Alabama · 1830
- Anderson v. RheaSupreme Court of Alabama · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Winter & Loeb v. PoolSupreme Court of Alabama · 1893
- Hearn v. AyresSupreme Court of Arkansas · 1906
- McDonald v. StateCourt of Appeals of Georgia · 1907