Dean v. Governor
Supreme Court of Alabama
Error to the Circuit Court of Conecuh. Before the Hon. E. Pickens. This is an action of debt against the defendants, on a bond executed by Dean, as principal, and Johnson as his security, conditioned that Dean should well and truly perform all the duties of sheriff of Conecuh county, and pay over all monies that might come into his hands, as such sheriff.
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Error to the Circuit Court of Conecuh. Before the Hon. E. Pickens. This is an action of debt against the defendants, on a bond executed by Dean, as principal, and Johnson as his security, conditioned that Dean should well and truly perform all the duties of sheriff of Conecuh county, and pay over all monies that might come into his hands, as such sheriff. The first assignment of the breach of the condition of the bond is, that Dean did not well and truly perform all the duties of sheriff of Conecuh county. The second assignment is, that a venditioni exponas issued from the circuit court of…
1Opinion of the CourtDargan, J.
If it can be said, that there are two distinct assignments of breaches of the condition of the bond, it is very clear, that the first assignment is bad. It is merely, that the said Dean, as sheriff, did not well and truly perform all the duties of sheriff. This breach is entirely too general. Where a sheriff’s bond is put in suit, for the use of any individual, he must show in the assignment of the breaches, some act of the sheriff, or some omission to do a duty, injurious to the party for whose use the suit is brought. But we are rather disposed to think, that the pleader intended one…
2Cases cited1 opinion
- M'Broom v. RivesSupreme Court of Alabama · 1827
3Cited by6 opinions
- Hawkins v. ThomasIndiana Court of Appeals · 1891
- Chapman, Lyon & Noyes v. CowlesSupreme Court of Alabama · 1867
- Governor v. PerrineSupreme Court of Alabama · 1853
- Governor v. ReadSupreme Court of Alabama · 1862
- Governor v. PearceSupreme Court of Alabama · 1858
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