Hamilton v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. CooK. This action (which was commenced in August, 1853) was brought by Martha P. Plamilton, wife of William Hamilton, against Thomas M. Williams, to recover $1490 72 damages, which plaintiff claims as. her separate estate, for the breach of the condition of the defendant's official bond as judge of the County Court of Lowndes.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. CooK. This action (which was commenced in August, 1853) was brought by Martha P. Plamilton, wife of William Hamilton, against Thomas M. Williams, to recover $1490 72 damages, which plaintiff claims as. her separate estate, for the breach of the condition of the defendant's official bond as judge of the County Court of Lowndes. The complaint alleged, that plaintiff was a minor at the time of the execution of defendant's said bond, and that one John Powers was then her lawful guardian by regular appointment from a preceding…
1Opinion of the CourtChilton, C. J.
—The statute requires, that the bond of the county'judge shall be executed, payable to the Governor and his successors in office, and “ conditioned for the faithful performance of the duties assigned him”; and further provides, that it, “ shall be filed in the office of the Secretary of State, subject to be sued on by any person or persons, for any injury, waste, or damage sustained in any estate, in consequence of any neglect or omission of taking good and sufficient security from guardians, executors, or administrators.”
The present action is on the judge’s bond, for failing to require the…
2Cases cited2 opinions
- Yates v. LansingNew York Supreme Court · 1810
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
3Cited by8 opinions
- Ex parte HarrisSupreme Court of Alabama · 1875
- Thompson v. HoltSupreme Court of Alabama · 1875
- Alabama State Bar Ex Rel. Steiner v. MooreSupreme Court of Alabama · 1968
- Irion v. LewisSupreme Court of Alabama · 1876
- Craig v. BurnettSupreme Court of Alabama · 1858
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