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Legal Opinion

Harwell v. Morris

Supreme Court of Alabama

Decided March 22, 1951No. 6 Div. 116PublishedCited by 2 opinions

1Opinion of the Court

SIMPSON, Justice.

This suit is for damages against Sheriff Harwell, of Madison County, and the surety on his official bond for the alleged wrongful shooting of plaintiff (Morris) by his deputy sheriff, one James Blake-more.

On a proper showing the official bond is obligatory on both principal and surety, not only for misfeasance but for malfeasance of the principal or a duly authorized and acting deputy. Code 1940, Title 41, § 50; Deason v. Gray, 189 Ala. 672, 66 So. 646.

And a joint tort action in one suit is available as a remedy in such cases. Leath v. Smith, 240 Ala. 639, 200 So. 623.

The…

2Cases cited14 opinions

  1. Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
  2. Kelly v. MooreSupreme Court of Alabama · 1874
  3. McElhaney v. GillelandSupreme Court of Alabama · 1857
  4. Deason v. GraySupreme Court of Alabama · 1914
  5. Pickett v. RichardsonSupreme Court of Alabama · 1931

9 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. United States Fidelity & Guaranty Co. v. BassCourt of Appeals for the Fifth Circuit · 1980
  2. United States Fidelity And Guaranty Company v. Ray D. BassCourt of Appeals for the Fifth Circuit · 1980

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