Morrow v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan, Tried before tbe Hon. W. B. Wood. This action was brought by William M. Wood, as county superintendent of education of Morgan county, against William A. Morrow, late county treasurer of said county, and Samuel M. Morrow and William Morrow, sureties on his official bond as sucb treasurer; and was commenced on the 29th March, 1876. The said bond was executed and dated on the 11th November, 1871, and was conditioned as follows: “…
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Appeal from the Circuit Court of Morgan, Tried before tbe Hon. W. B. Wood. This action was brought by William M. Wood, as county superintendent of education of Morgan county, against William A. Morrow, late county treasurer of said county, and Samuel M. Morrow and William Morrow, sureties on his official bond as sucb treasurer; and was commenced on the 29th March, 1876. The said bond was executed and dated on the 11th November, 1871, and was conditioned as follows: “ Whereas, tbe above-bound William A. Morrow was, on the 7th day of November, 1871, duly elected by the qualified voters of…
1Opinion of the Court
BBICKELXi, 0. J.
The first proposition, to which the argument of counsel for appellants has been directed, is, that a county superintendent of education has not authority to sue a defaulting county treasurer, for the recovery of the poll tax received by him from the tax collector, or the portion of the State tax which the tax collector has paid to him, and which formed the school fund of the county. If he has such authority, and sues on the bond of the treasurer, the suit must be prosecuted in the name of the county, the obligee of the bond, for his use, and not in the name of the…
2Cases cited9 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Looney v. . HughesNew York Court of Appeals · 1863
- Perkins v. MooreSupreme Court of Alabama · 1849
- Henley v. BushSupreme Court of Alabama · 1859
- Rouse v. MooreNew York Supreme Court · 1820
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3Cited by23 opinions
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- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Findley v. FindleyWest Virginia Supreme Court · 1896
- Lewis v. Lee CountySupreme Court of Alabama · 1880
- Town of Whitestown v. Title Guaranty & Surety Co.New York Supreme Court · 1911
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