Ratliff v. Allgood
Supreme Court of Alabama
Appeal from Circuit Court of Blount. Tried before the Hon. Leroy F. Box. This was a motion by Stephen C. Allgood, as county superintendent of education of said county, against Jeremiah Bailiff, “late tax-collector of said county,” and several other persons, as sureties on his official bond as such collector, “for the sum of $482.90, with interest thereon from the 1 st day of May, 1880, and twenty per-cent, damages thereon, for the failure of said Jeremiah Ratliff,…
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Appeal from Circuit Court of Blount. Tried before the Hon. Leroy F. Box. This was a motion by Stephen C. Allgood, as county superintendent of education of said county, against Jeremiah Bailiff, “late tax-collector of said county,” and several other persons, as sureties on his official bond as such collector, “for the sum of $482.90, with interest thereon from the 1 st day of May, 1880, and twenty per-cent, damages thereon, for the failure of said Jeremiah Ratliff, tax-collector as aforesaid, to pay over to said S. O. Allgood, as such county superintendent of education, on the first day of…
1Opinion of the Court
BBICKELL, O. J.
It is true, as insisted by the counsel for the appellants, that when parties pursue a statutory remedy, in its character summary, and in derogation of the mode of procedure at common law, there must be strict conformity to the statute, and the record should ■ affirmatively disclose every fact necessary to entitle the party to the remedy — should disclose a case within the statute, and that the remedy is pursued by a party having the right, and against a party subject to it. Nor can such a remedy be, extended by construction beyond the terms of the statute giving it. But, if the…
2Cases cited5 opinions
- Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- Rutherford's Adm'r v. SmithSupreme Court of Alabama · 1855
- Broughton v. RobinsonSupreme Court of Alabama · 1847
- King v. ArmstrongSupreme Court of Alabama · 1848
3Cited by6 opinions
- McGraw v. County CommissionersSupreme Court of Alabama · 1889
- Morgan v. FarnedSupreme Court of Alabama · 1887
- County Commissioners of Calhoun Co. v. Woodstock Iron Co.Supreme Court of Alabama · 1886
- Macdonald v. StateSupreme Court of Alabama · 1904
- Stamphill v. Franklin CountySupreme Court of Alabama · 1888
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