Legal Opinion

Trousdale ex rel. McNichol v. Philips

Tennessee Supreme Court

Decided December 15, 1852PublishedCited by 1 opinion

Tbis was an action of covenant in the circuit court of Montgomery county. At the September Term, 1852, Pepper, Judge, presiding, there was judgment for the defendant, and the plaintiff appealed in error.

1Opinion of the CourtOaRuthees, J.

This aetion is brought against ¥m. Philips, as one of the sureties of Samuel Boughton, on his official bond as sheriff of Stewart county, for money collected on an execution in favor of ¥m. McNichol, and not paid over.

A single question of evidence is raised in the case. The plaintiff offered to prove on the trial, by J. S. James, that while the said Samuel Boughton was sheriff of Stewart county, but after the return day of the plaintiff’s execution, that he heard Boughton say “that he had not paid over to McNichol the money he had collected on said execution.”

This evidence was objected to,…

2Cited by1 opinion

  1. Clark & Jones, Inc. v. American Mut. Liability Ins.District Court, E.D. Tennessee · 1953

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