Chapman Ex Rel. Leavitt v. Smith
Supreme Court of the United States
This case was brought up by writ of error from the District Court of the United States, for the Middle District of Alabama. It was a suit upon a sheriff’s bond. Alexander Smith was the sheriff, and the other defendants in error his sureties. The Leavitts were citizens of New York. It was altogether a case of special pleading. There were fourteen breaches assigned in the declaration, ten pleas, with replications arid demurrers on both sides.
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This case was brought up by writ of error from the District Court of the United States, for the Middle District of Alabama. It was a suit upon a sheriff’s bond. Alexander Smith was the sheriff, and the other defendants in error his sureties. The Leavitts were citizens of New York. It was altogether a case of special pleading. There were fourteen breaches assigned in the declaration, ten pleas, with replications arid demurrers on both sides. There were demurrers to the breaches, demurrers to the pleas, and demurrers to the replications, upon which sometimes one party obtained a judgment, and…
1Opinion of the CourtJustice Nelson
This is a writ of error' to the District Court of the United States for the Middle District of Alabama.
The suit was brought upon an official bond given by Alexander Smith, as sheriff of Coosa county, and his sureties, conditioned that he would well and truly perform all and singular the duties of his office as required by the laws of the State.
The declaration sets out a judgment, recovered by J. W. and B. Leavitt at the Eall term of 1839, in the Circuit Court of the Second Circuit of the State of Alabama, against Jeremiah M. Erion, for the sum of $3,472: also an execution upon the same issued…
2Cited by15 opinions
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- Canton-Hughes Pump Co. v. LleraCourt of Appeals for the Sixth Circuit · 1913
- Irion v. Bexar CountyCourt of Appeals of Texas · 1901
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- Peay v. Salt Lake CityUtah Supreme Court · 1895
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