Sprowl v. Lawrence
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. William S. Mudd. The amended complaint in this case was as follows: “ John M. Sprowl 7 The plaintiff claims of the dens.
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Appeal from the Circuit Court of Pickens. Tried before the Hon. William S. Mudd. The amended complaint in this case was as follows: “ John M. Sprowl 7 The plaintiff claims of the dens. Ofendants the sum of one hundred C. D. Lawrence, et al.) and thirty 94-100 dollars, with interest thereon from the 8th November, 1853, as damages for the breach of a bond made by them and one Tandy P. Duncan, now deceased, on the 20th day of August, 1853, in a penalty of ten thousand dollars, with the following condition, to-wit: ‘The condition of the above obligation is such, that whereas the above-bound Tandy…
1Opinion of the Court
R. W. WALKER, J.—
The bond, as set forth in the complaint, recites that the principal obligor was elected sheriff on the first Monday in August, 1853; and it is alleged that the bond was executed on the 20th August, 1853. We will take judicial notice of the fact, that the first Monday in August, 1853, was the first day of that month.—Allman and Wife v. Owen, 31 Ala. 167.
[2.] It thus appears that, at the time the bond was executed, more than fifteen days had elapsed since the election of Duncan as sheriff. Hence arises the question, whether this is a valid “official bond;” or, if not to be…
2Cases cited21 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Wilcox v. SmithNew York Supreme Court · 1830
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
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- Foot v. . StilesNew York Court of Appeals · 1874
- Ex parte HarrisSupreme Court of Alabama · 1875
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
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