Clark v. Lamb
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. S. IT. Sprott. This action was brought by Thomas C. Clark, against Edward IT. Lamb and others, as sureties on the official bond of John Alley, deceased, as sheriff of said county, to recover the sum of $260.77, alleged to have been collected by said Alley, as sheriff, under several void executions against plaintiff, and which, as alleged, he failed to pay over to plaintiff on demand.
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Appeal from the Circuit Court of Greene. Tried before the Hon. S. IT. Sprott. This action was brought by Thomas C. Clark, against Edward IT. Lamb and others, as sureties on the official bond of John Alley, deceased, as sheriff of said county, to recover the sum of $260.77, alleged to have been collected by said Alley, as sheriff, under several void executions against plaintiff, and which, as alleged, he failed to pay over to plaintiff on demand. The money was in fact the sheriff’s commissions on the sum of $6,500, collected by the sheriff under several executions issued on probate decrees…
1Opinion of the CourtClopton, J.
— The liability sf the sureties for a sheriff arise from his official bond. Like other sureties, a claim against them is strictissimi juris, in the sense that they may stand on the terms of the bond, and will not be bound beyond the fair and reasonable import of the words. A statute, which declares the legal obligation and effect of an official bond, is a part of its terms, as fully as if its words were expressly written in its condition. The official bond of the sheriff is obligatory on the sureties, “ for the use and benefit of every person who is injured, as well by any wrongful act…
2Cases cited5 opinions
- Billingsley v. BatesSupreme Court of Alabama · 1857
- Sherrod v. DavisSupreme Court of Alabama · 1850
- Wilson v. SawyerSupreme Court of Alabama · 1861
- Payne v. The GovernorSupreme Court of Alabama · 1850
- State ex rel. M'Gillycuddy v. VanandaIndiana Supreme Court · 1844
3Cited by8 opinions
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Albright v. MillsSupreme Court of Alabama · 1888
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Burgin v. RapleeSupreme Court of Alabama · 1893
- Walker v. GrahamSupreme Court of Alabama · 1934
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