Governor ex rel. Simmons v. Hancock
This text of 2 Ala. 728 (Governor ex rel. Simmons v. Hancock) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— The question here is not whether the sheriff is personally liable to respond in damages for the acts complained of; but it is whether such acts are within the condition of his official bond. In our opinion, they do not constitute a breach of the condition. We will not say that the sureties of a sheriff are not liable in some cases of malfeasance ; but in such, we think the malfeasance must in include a misfeasance also ; as, for instance, if the sheriff should wantonly destroy property levied by him, this would be a tortious act, but there would likewise, be a tortious omission of his duty, which is to keep the property safely. It does not appear from this declaration, that the sheriff has omitted any part of his duties. The plaintiff, in interest may have been injured by his wrongful and fraudulent misrepresentations, but tlio sureties do not stipulate to be answerable in such a case-
The judgment must be affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
2 Ala. 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/governor-ex-rel-simmons-v-hancock-ala-1841.