Public-domain · open source
OpenJurist

6 Ala. 511

State v. Bowen

Supreme Court of Alabama

Decided January 15, 1844

Supreme Court of Alabama · decided 1844-01-15

<p>1. A mandamus will not lie to compel a judge of the county court to accept a bond tenderedby tho sheriff; he having adjudged it insufficient, and for that cause, having declared the office vacant.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1844-01-15

How this case has been cited

Cited by 7 later decisions — most recently June 1932

7 state decisions

301844185018601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

ORMOND, J.

¶1This 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.

¶2The 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.

¶3Let the judgment be affirmed.

/6/ala/511 · .json · Public domain