Pruett v. Williams
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon, S. L. Brewer. Action by Joe Williams against F. M. Pruett and others, on Pruett’s bond as constable. Judgment for plaintiff, and defendants appeal.
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Appeal from Coosa Circuit Court. Heard before Hon, S. L. Brewer. Action by Joe Williams against F. M. Pruett and others, on Pruett’s bond as constable. Judgment for plaintiff, and defendants appeal. The coinpláint is as follows: “Plaintiff claims of defendants $200 damages, for that on, to wit, the 19th day of November, 1904, defendant F. M. Pruett, as principal, and defendants G. D. Gosden and D. M. White, as his sureties, executed and entered into the following bond or obligation, to wit, [Here follows a copy of the official bond of Pruett as constable, with the sureties as above set out.…
1Opinion of the CourtDowdell, J.
This is an action brought by the appellee against the appellant and the sureties on his official bond as constable. The complaint sets forth the bond and alleges in what the breach consisted. There are three assignments of breaches, in each of which the particular facts constituting the breach are definitely stated, and with appropriate averments showing that the acts complained of were committed under color of office. Besides, the general claim for damages, special damages are averred and claimed. Demurrer was interposed to the complaint, but it was unobjectionable for any of the grounds…
2Cases cited4 opinions
- Couch v. DavidsonSupreme Court of Alabama · 1895
- Elrod v. HamnerSupreme Court of Alabama · 1898
- Gay v. BurgessSupreme Court of Alabama · 1877
- Ross v. Malone & SonSupreme Court of Alabama · 1892
3Cited by2 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- United States v. ForbesDistrict Court, M.D. Alabama · 1919