Chapman v. Weaver
Supreme Court of Alabama
Error.to tbo Circuit Court of Coosa. Tried before ithc Sion. Geo. D. Shortridge. This was an action of debt, instituted in thb name ®f the •.Governor,.for the use of Reuben A. Mitchell, paymaster of the sixty-eighth regiment of Alabama Militia, against the sheriff of • Coosa county and his sureties on his official bond.
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Error.to tbo Circuit Court of Coosa. Tried before ithc Sion. Geo. D. Shortridge. This was an action of debt, instituted in thb name ®f the •.Governor,.for the use of Reuben A. Mitchell, paymaster of the sixty-eighth regiment of Alabama Militia, against the sheriff of • Coosa county and his sureties on his official bond. The breach •of duty assigned is, that the sheriff failed to collect and pay over, as by law required, the amount of fines mentioned in divers certificates issued by the President of divers Courts Martial in Coosa county. The declaration alleges that the sheriff had received a…
1Opinion of the CourtColeman, J.
The 6th section of the 13th chapter of the Military Code, approved December 30, 1837, which gives a summary mode of proceeding against sheriffs and constables for failing to collect and pay over, &c., militia fines to the proper paymaster, does not repeal the act giving the paymaster a right to commence a suit against said officers for failing to collect such lines, &c., before any court having jurisdiction thereof. We consider the summary remedy given by the act referred to, as merely cumulative, and not in conflict with the provisions of the law giving the general remedy. The objection,…
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