Lewis v. Lee County
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This action was brought by Lee county, suing as a corporation, against John F. Lewis and the sureties on his official bond as county treasurer of said county; and was commenced on the 6th September, 1875. The bond was dated the 18th November, 1871; was in the penalty of $30,000, payable to the State of Alabama ; recited the election of said Lewis as county treasurer, and was conditioned as follows :…
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Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This action was brought by Lee county, suing as a corporation, against John F. Lewis and the sureties on his official bond as county treasurer of said county; and was commenced on the 6th September, 1875. The bond was dated the 18th November, 1871; was in the penalty of $30,000, payable to the State of Alabama ; recited the election of said Lewis as county treasurer, and was conditioned as follows : “Now, if the said John F. Lewis shall faithfully discharge the duties of said office during the time he continues…
1Opinion of the CourtSomeryille, J.
This is a suit on the bond of the appellant Lewis, as treasurer of Lee county, brought against him and his sureties, and is instituted in the name of the county, as “the person aggrieved,” within the meaning^ of section 2552 of the Revised Code, now composing section 2917 of the Code of 1876. The bond is payable to the State *488ob’Alabama, and not to the county, as required by section 923 of the Éevised Code. — Code of 1876, § 842. But this defect is cured by the provisions of section 171 of the Eevised Code (Code, 1876, § 181) which gave to the “person aggrieved” all the remedies which he might…
2Cases cited3 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Morrow v. WoodSupreme Court of Alabama · 1876
3Cited by14 opinions
- Williams v. StateSupreme Court of Alabama · 1886
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Cannon v. LindseySupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. State ex rel. GraySupreme Court of Alabama · 1907
- Jackson County v. DerrickSupreme Court of Alabama · 1897
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