Buckley v. Wilson
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before the Hon. John D. Cunningham. Tbis action was brought by A. A. Wilson, against Charles W. Buckley, as one of the sureties on tbe official bond, of M. D. Brainard, as clerk of tbe Circuit Court of said county; and was commenced on tbe 16th September, 1873. The clerk’s bond was dated tbe 18tb July, 1868, and was conditioned for tbe faithful performance of bis official duties, as prescribed by tbe statute.
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Appeal from tbe City Court of Montgomery. Tried before the Hon. John D. Cunningham. Tbis action was brought by A. A. Wilson, against Charles W. Buckley, as one of the sureties on tbe official bond, of M. D. Brainard, as clerk of tbe Circuit Court of said county; and was commenced on tbe 16th September, 1873. The clerk’s bond was dated tbe 18tb July, 1868, and was conditioned for tbe faithful performance of bis official duties, as prescribed by tbe statute. Tbe complaint alleged, as a breach of this bond, tbat tbe plaintiff having obtained a judgment before a justice of tbe peace, on tbe lOtb…
1Opinion of the CourtStone, J.
There is nothing in the first assignment of error. A. A. Wilson, and “A. A. Wilson, trustee,” without more, are one and the same name. Trustee, without stating for whom, or of what he is trustee, and when the complaint does not show that he sues in that capacity, is mere descriptio'personae. A suit by A. A. Wilson, trustee, is a suit by A. A. Wilson; and in either form, if there be nothing . else in the complaint, will sustain only such action as he can maintain in his own name. — Agee v. Williams, 27 Ala., 644; Crimm v. Crawford, 29 Ala. 626.
2. The ruling on the demurrers appearing only in…
2Cases cited3 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Agee v. WilliamsSupreme Court of Alabama · 1855
- Governor v. WileySupreme Court of Alabama · 1848
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- Reynolds v. ScottSupreme Court of Alabama · 1952
- Efurd v. Loeb & BrotherSupreme Court of Alabama · 1886
- Johnson v. City of SylacaugaSupreme Court of Alabama · 1974