Governor v. Stonum
Supreme Court of Alabama
Error to the Circuit Court of Conecuh. Debt, for the use of the Branch Bank at Montgomery, by the plaintiff in error, against the defendant in error, one of the •sureties of Jones Weatherford, sheriff of Conecuh county, on his official bond.
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Error to the Circuit Court of Conecuh. Debt, for the use of the Branch Bank at Montgomery, by the plaintiff in error, against the defendant in error, one of the •sureties of Jones Weatherford, sheriff of Conecuh county, on his official bond. The breaches assigned upon the bond are, that several executions in favor of the Bank came to the hands of the said Weatherford, in the year 1834, and that he made the money thereon, which he failed to pay over during his life-time, and which, defendant, as administrator of the said Weather-ford, failed to pay over, on demand made by the agent of the Bank…
1Opinion of the CourtOrmond, J.
The question to be decided ' in this case
grows out of an act of the legislature, passed in 1832. “ No action, suit, or motion, shall be maintained against the security, or securities of any sheriff, constable, or other public officer of this State, for any misfeasance, malfeasance, or other cause whatever, hereafter committed, unless the same be commenced or prosecuted, within six years, next after the commission of the act complained of.” [Clay’s Dig. 329, § 90.] The sheriff having collected certain monies under executions in favor of the Branch Bank at Montgomery, returned them satisfied,…
2Cases cited1 opinion
- M'Broom v. GovernorSupreme Court of Alabama · 1837
3Cited by7 opinions
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- Montgomery County v. CochranCourt of Appeals for the Fifth Circuit · 1903
- State ex rel. Winburn v. MinorSupreme Court of Missouri · 1869
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