Schuessler v. Dudley
Supreme Court of Alabama
Appeal from Chilton Chancery Court. Heard before the Hon. N. S. Graham. — 1. In October, 1875, James A. Dudley, being tax-collector of Chilton County, executed his bond, with Moses Simmons and. others as sureties thereon. In May, 1877, said Dudley made default in the payment of county taxes, for the amount of which default the county, in 1878, recovered judgment against Dudley and his sureties.
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Appeal from Chilton Chancery Court. Heard before the Hon. N. S. Graham. — 1. In October, 1875, James A. Dudley, being tax-collector of Chilton County, executed his bond, with Moses Simmons and. others as sureties thereon. In May, 1877, said Dudley made default in the payment of county taxes, for the amount of which default the county, in 1878, recovered judgment against Dudley and his sureties. Execution was issued on this, judgment against Simmons, who paid it and took a transfer of the judgment to himself. This bill is filed to enforce that judgment against Dudley and the co-sureties with…
1Opinion of the CourtSomerville, J.
The defendant, Dudley, was tax-collector of Chilton county, and, in October of the year 1875, executed his official bond in such capacity, and in the form prescribed by statute, with Moses Simmons, the complainant’s intestate, and others as sureties. In the years 1876 and 1877, Dudley, having collected a large amount of tax-money due the county, failed to pay over such funds to the county treasurer, within the time fixed by law, and thereby became a defaulter to the county on May 1st, 1877. A summary motion was instituted in the Circuit Court against Dudley and his sureties, in the name of…
2Cases cited7 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
- Britton v. StateSupreme Court of Alabama · 1884
- Meredith v. HolmesSupreme Court of Alabama · 1880
- Williams v. BowdenSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Shaddix v. National Surety Co.Supreme Court of Alabama · 1930
- Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
- Bragg v. PattersonSupreme Court of Alabama · 1887
- Ex parte BarnesSupreme Court of Alabama · 1887
- Singleton v. United States F. & G. Co.Supreme Court of Alabama · 1915
18 more not listed; retrieve them via the Exa API.