Governor v. Gordon
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Before the Hon. John Bragg. This was an action of debt, instituted by the plaintiff against the defendant in error, as the surety of one Marsten, on a bond executed to the Governor of Alabama, for the faithful discharge of his duties as a notary public.
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Error to the Circuit Court of Mobile. Before the Hon. John Bragg. This was an action of debt, instituted by the plaintiff against the defendant in error, as the surety of one Marsten, on a bond executed to the Governor of Alabama, for the faithful discharge of his duties as a notary public. The writ was issued on the 2d November, 1846, and the case was submitted to the court below on the following agreed state of facts: On the 4th January, 1839, a promissory note for $741, made by Jeremiah Findley and John Gody, in favor of, and indorsed by Thomas G. Newbold and S.Andrews, negotiable and…
1Opinion of the CourtChilton, J.
A notary public who receives his appointment and commission from the governor of the State, upon the recommendation of the judge of the county court, must be regarded as a public officer of the county. The statute requires him to enter into bond, with sufficient security, to be approved of by the judge of the county court, in the sum of $2,000, payable to the governor and his successors in office, for the faithful performance of the duties of his office. Clay’s Dig. 379, § 7. By the first section of the act of 1832, (Clay’s Dig. 329, § 90,) it is provided that “no action, suit or motion,…
2Cases cited7 opinions
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Allen v. MilleNew York Supreme Court · 1837
- Miller v. AdamsMassachusetts Supreme Judicial Court · 1820
- Smith v. BishopSupreme Court of Vermont · 1837
- President v. ChildsNew York Supreme Court · 1826
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3Cited by18 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Cooke v. Holland Furnace Co.Michigan Supreme Court · 1918
- Kelly v. ShropshireSupreme Court of Alabama · 1917
- Building & Loan Ass'n v. SohnWest Virginia Supreme Court · 1903
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
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