Governor v. Wiley
Supreme Court of Alabama
Writ of Error to the Circuit Court of Barbour. Before the Hon. G. D. Shortridge. This was an action of debt, founded on the official bond executed by the defendant, Wiley, as register of the ninth chancery district of the southern division of Alabama, and alledging a breach, by the failure of the register to take sufficient security in an injunction bond executed by Noah B. Cloud, to enjoin an execution issued in favor of Charles L. Hall, returnable to the fall term of the…
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Writ of Error to the Circuit Court of Barbour. Before the Hon. G. D. Shortridge. This was an action of debt, founded on the official bond executed by the defendant, Wiley, as register of the ninth chancery district of the southern division of Alabama, and alledging a breach, by the failure of the register to take sufficient security in an injunction bond executed by Noah B. Cloud, to enjoin an execution issued in favor of Charles L. Hall, returnable to the fall term of the circuit court of Russell, holden in 1841. The defendants craved oyer of the condition of the bond, and pleaded…
1Opinion of the CourtCollier, C. J.
In proceeding on a penal bond, the plaintiff may declare for the penalty; or under the act of 1824, “regulating proceedings on penal bonds,” he may set out the condition, either in whole or in part, and assign one or more breaches; or if the defendant does not by his plea tender an issue, he may assign breaches in his replication; and where judgment is rendered for the plaintiff on demurrer, or by default, if he has not previously assigned breaches, he may suggest them on the roll. If the declaration be substantially defective in the assignment of breaches, the plaintiff will not be allowed…
2Cases cited5 opinions
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- McAden v. GibsonSupreme Court of Alabama · 1843
- Owen v. HendersonSupreme Court of Alabama · 1845
- M'Coy v. HillCourt of Appeals of Kentucky · 1822
- Taylor v. PopeSupreme Court of Alabama · 1841
3Cited by9 opinions
- County of Silver Bow v. DaviesMontana Supreme Court · 1910
- Lick v. MaddenCalifornia Supreme Court · 1868
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
- Williamson v. WoolfSupreme Court of Alabama · 1861
- National Surety Co. v. State Ex Rel. RathburnIndiana Court of Appeals · 1928
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