Alston v. Yerby
Supreme Court of Alabama
Appeal from Tuscaloosa Circuit Court. Tried before Hon. S.H. Sprott. This was an action brought by the appellant against the appellee and the sureties on his official bond as treasurer of Tuscaloosa county, and sought to recover for a breach of official duty in failing and refusing to pay certain witness certificates owned by the plaintiff.
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Appeal from Tuscaloosa Circuit Court. Tried before Hon. S.H. Sprott. This was an action brought by the appellant against the appellee and the sureties on his official bond as treasurer of Tuscaloosa county, and sought to recover for a breach of official duty in failing and refusing to pay certain witness certificates owned by the plaintiff. The defendants demurred, and the only question raised by the record was whether the certificates and endorsements thereon were sufficient to be a claim against the fine and forfeiture fund of the county. One certificate, with endorsement, was set out in…
1Opinion of the CourtHead, J.
Section 4349 of the Code provides that the foreman of the grand jury must keep a list of all witnesses summoned and in attendance before the grand jury, and shall give to each of such witnesses, a certificate, stating the number of the casein which such witness attended, the number of days of his actual attendance, the number of miles travelled by him and the amount due him ; and each of such items the foreman shall enter in a book kept for that purpose ; and such book and list, certified by the foreman to be correct, must be by him returned into court, and by the clerk filed and kept as a…
2Cases cited1 opinion
- Herr v. SeymourSupreme Court of Alabama · 1884
3Cited by4 opinions
- Scruggs v. StateSupreme Court of Alabama · 1895
- Banks v. MobleyAlabama Court of Appeals · 1912
- Henry v. State Ex Rel. RambowAlabama Court of Appeals · 1919
- Ryan v. CollinsSupreme Court of Alabama · 1916