Tallman v. Drake
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. Joi-in A. Disque. . This was an action brought by the appellee, Johnnie Carlton Drake, against the appellant, John A. Tallman, as probate judge, and the sureties on his official bond, to recover damages for the breach of said bond. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Gadsden. Tried before the Hon. Joi-in A. Disque. . This was an action brought by the appellee, Johnnie Carlton Drake, against the appellant, John A. Tallman, as probate judge, and the sureties on his official bond, to recover damages for the breach of said bond. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of- a jury, and upon the hearing of all the evidence, the court rendered judgment for the plaintiff. From this judgment the defendants appeal, and assign the rendition thereof as error.…
1Opinion of the CourtFeead, J.
Appellee’s counsel insists, in his brief, that the bill of exceptions does not purport to set out all of the evidence, but we find, at the close of the testimony, as stated in the bill of exceptions, the recital that, “This was substantially all the testimony. The court, on the testimony introduced, rendered judgment,” etc. This statement sufficiently shows that all the evidence upon which the tribal court acted was set out.
This is an action by the appellee, Drake, against appellant, Tallman, and the sureties on his official bond, as judge of the probate court of Etowah county (who also…
2Cited by2 opinions
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- Mobile County v. WilliamsSupreme Court of Alabama · 1913