Governor v. Robbins
Supreme Court of Alabama
Writ of error to the Circuit Court of Coosa. This was an action of debt at the suit of the plaintiff in error against the defendants, as the sureties of James C. M. Logan, deceased, in his official bond as sheriff of Coosa. — • Among other breaches, it is alledged in the declaration, that the principal in the bond while sheriff, collected money on fieri fiadas, at the suit of the real plaintiff, which he had failed and refused to pay over.
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Writ of error to the Circuit Court of Coosa. This was an action of debt at the suit of the plaintiff in error against the defendants, as the sureties of James C. M. Logan, deceased, in his official bond as sheriff of Coosa. — • Among other breaches, it is alledged in the declaration, that the principal in the bond while sheriff, collected money on fieri fiadas, at the suit of the real plaintiff, which he had failed and refused to pay over. The cause was tried by a jury on issue joined, but in what form, the record does not inform us. From a bill of exceptions sealed at the instance of the…
1Opinion of the CourtCollier, C. J.
— All persons elected or appointed to the office of sheriff arc required to execute bond with good and sufficient sureties for the performance of their official duties; and these bonds shall be renewed annually if required by the Judge of the County Court. [Clay’s Dig. 535, § 4.] By the act of 1822, it is made the duty of the Judge of the County .Court, upon application by either of the sureties of any sheriff to require a new bond, with a similar condition to that first given. Upon the execution of such new bond, it is declared, that the surety or sureties making application shall be discharg*81…
2Cases cited3 opinions
- Townsend v. EverettSupreme Court of Alabama · 1843
- People v. BrushNew York Supreme Court · 1831
- People ex rel. Budd v. Ten EyckNew York Supreme Court · 1835
3Cited by8 opinions
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Coover v. CoxCalifornia Court of Appeal · 1928
- McPhillips v. McGrathSupreme Court of Alabama · 1897
- Anaheim Union Water Co. v. ParkerCalifornia Supreme Court · 1894
- Phillips v. BrazealSupreme Court of Alabama · 1848
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