Burns v. George
Supreme Court of Alabama
Appear from Gadsden City Court. Tried before Hon. John H. Bisque. This action was brought by appellee, Alice H. George, against A. W. Burns, Sheriff of Etowah County, and the sureties on his official bond.
Read the full summary
Appear from Gadsden City Court. Tried before Hon. John H. Bisque. This action was brought by appellee, Alice H. George, against A. W. Burns, Sheriff of Etowah County, and the sureties on his official bond. The complaint avers substantially: That an alias execution was issued on a judgment rendered in favor of W. P. Lay et ah, Exrs., í6c. v. James Young, and that plaintiff “ivas the owner of said judgment at the time of tlie issuance of said execution, and has been ever since then the owner of said judgment;” that the execution was levied by the sheriff on certain property as the property of…
1Opinion of the CourtMcCLELLAN, J.
The complaint avers that the *506plaintiff was the owner of the judgment in the case of Lay et al. v. James Young, “at the time of the issuance of the execution thereon, and has been ever since then the owner of said judgment.” She is “the person aggrieved” by the alleged misfeasance of the sheriff in respect of making the money on the execution, and entitled, to sue on his official bond in her own name under section 2575 of the Code (1886).
It was sufficient for plaintiff to aver her ownership of the judgment in general terms, leaving it to the evidence upon proper issue made to show how she…
2Cited by2 opinions
- A. Dreher & Co. v. National Surety Co.Supreme Court of Alabama · 1911
- Burns v. GeorgeSupreme Court of Alabama · 1908