State v. Bowen

6 Ala. 511

• Court: Supreme Court of Alabama
• Decided: January 15, 1844
• Status: Published

Opinion

ORMOND, J.

This was an application to the circuit court of Randolph county, for amandamus to the judge of the county court of that county, commanding him to accept a bond tendered by the sheriff.

The judge of the county court, it appears, had declared the office of the sheriff vacant, in a proceeding at the instance of one of the sureties of the sheriff, to compel the sheriff to execute a new bond. The proceeding resulted in a judgment of the county court, declaring tho office of sheriff vacated. This was a final judgment by a court of record in a matter over which it had exclusive jurisdiction, and whilst the judgment remained unrevers-ed, was conclusive of all the matters thereby adjudicated. The sufficiency of the sheriff’s bond was a matter in issue, and adjudicated in that proceeding, and the circuit judge acted correctly, therefore, in refusing a mandamus.

Let the judgment be affirmed.