McGehee v. Gewin
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. Geo. D. Shortridge. This was an action of debt on a penal bond, which Gewin, the plaintiff, who was sheriff of Lawrence county, had taken from Pilas M. McGehee, his deputy, conditioned for the faithful discharge of his duties as such deputy.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. Geo. D. Shortridge. This was an action of debt on a penal bond, which Gewin, the plaintiff, who was sheriff of Lawrence county, had taken from Pilas M. McGehee, his deputy, conditioned for the faithful discharge of his duties as such deputy. The breach assigned is, that said McGehee had collected $336 30 on a fi.fa. placed in his hands as deputy sheriff, on the 27th of August, 1841, which was issued on a judgment of the County Court of Lawrence in favor of Josephus Walker against Felix A, M. Sherrod ; that he had wholly failed…
1Opinion of the Court
CHILTON, C. J. —
We know of no principle of law, which enjoined it as a duty upon G-ewin, the principal sheriff, to notify the sureties of his deputy of the default of the latter, previous to the institution of an action against them. The creditor must not actively interfere to the prejudice of the surety of his debtor, but he is not bound to keep the surety advised of facts, a knowledge of which may be necessary for his protection, The surety must be on the alert, and protect *186himself. The creditor may repose upon the indemnity which their liability to him furnishes for the default of his…
2Cases cited2 opinions
- Fournier v. CurrySupreme Court of Alabama · 1842
- Roundtree v. HollowaySupreme Court of Alabama · 1848
3Cited by2 opinions
- Camp v. SimonSupreme Court of Alabama · 1859
- United States v. CampbellCourt of Appeals for the Eighth Circuit · 1909