Matlock v. Johnson
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; Remain Boyd, Judge. Action by Irene Johnson against J. E. Matlock, Constable, and the American Surety Company of New York. From a judginent for plaintiff, defendants appeal.
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Appeal from Circuit Court, Jefferson County; Remain Boyd, Judge. Action by Irene Johnson against J. E. Matlock, Constable, and the American Surety Company of New York. From a judginent for plaintiff, defendants appeal. The demurrers were that the count stated no. cause of action against the surety, because it "states the cause of action against only one of the defendants; because it states the cause of action against J. E. Matlock officially wrongfully joined with a cause of action against Matlock individually; because it does not appear that the American Surety Company committed any wrong or…
1Opinion of the CourtSamford, J.
This was an action by the plaintiff against a constable and the surety on .his official bond for damages for the wrongful taking by the constable under color of his office of certain personal property from the possession of plaintiff.
[1] The amended count on which the cause was tried is as follows:
“Plaintiff claims of the defendant Jesse E. Matlock, a constable in and for precinct 21, in Jefferson county, as principal, and of the American Surety Company of New York, as surety, on the official bond of said Matlock as Eonstable, the sum of $1,000 as damage, and that heretofore, to wit, on, to…
2Cases cited9 opinions
- Perryman v. City of GreenvilleSupreme Court of Alabama · 1874
- Deason v. GraySupreme Court of Alabama · 1914
- Deason v. GraySupreme Court of Alabama · 1915
- Central of Georgia Railway Co. v. AshleySupreme Court of Alabama · 1909
- Morris v. RobinsonSupreme Court of Alabama · 1885
4 more not listed; retrieve them via the Exa API.