Calhoun v. Lunsford
Supreme Court of Alabama
In error to the Circuit Court of Dallas. This was an action commenced by the plaintiff' in 'error, in his capacity of Judge of the County Court of Dallas county, against Lunsford, and others, his sureties ; and was founded upon the bond of Lunsford, as an 'assessor and collector of taxes.
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In error to the Circuit Court of Dallas. This was an action commenced by the plaintiff' in 'error, in his capacity of Judge of the County Court of Dallas county, against Lunsford, and others, his sureties ; and was founded upon the bond of Lunsford, as an 'assessor and collector of taxes. The bond was,by its terms, made payable to one Clinton, Judge of the County Court of Dallas; and the plaintiff alledg-ed himself to be the successor in that office, of the said Clinton, and brought this action to recover, for the failure of the defendant to assess, collect and pay over, the county taxes,…
1Opinion of the CourtHopkins, C. J.
— In this case the action is upon a penal bond made by the defendants, and payable to Richard S. Clinton, Judge of the County Court of *346Dallas county, or his successors in office. The bond was subject to a condition, in which the election of Lunsford, one of the obligors, to the office of assessor and tax collector of Dallas county was recited. By the condition, the bond was to become void if Luns-ford' should faithfully discharge the duties of his office. The action was brought by the plaintiff in error, as the successor in office of Richard S. Clinton. In the declaration the condition is set…
2Cited by5 opinions
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