Report of Cases Argued And Determined in the Supreme Court of Alabama volume 17
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 17
Alabama Supreme Court
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Boring et al. S. V. Williams, Treas'r. do so ; and if neither does, the law will appropriate it according to the justice of the case. Collins v. Gvvyne, 23 Eng. C. L. 375; Stone v. Ley man, 15 Wend. 19 ; United States v. Kirk, 9 Wheat. 720 ; Burge on Suretyship, 123 ; U. States v. Wardell, 5 Mason 83 ; 1 Story's Juris. 494-5. 7. But this rule has its exceptions, and the $930 20 of the taxes collected for the year 1847 was improperly applied by the treasurer to the taxes of 1846. The treasurer k...new how it was raised, and had no right thus to apply it without the assent of the sureties. Besides, the collector is elected annually, and re- quired when thus chosen to give securities, who are only bound for that year's taxes. Clay's Dig. 568, 59 ; ib. 565, 43; United States v. January. 7 Cranch 572 ; Postmaster General v. Fur- man, 4 Mason 335 ; Seymour v. Van Slyck, 8 Wend. 420; Corn. V. Rutzell, 9 W r atts & Ser. 114; Colerain v. Bell, 9 Met. 499 ; Postmaster General v. Norveil, Gilpin 126; Evans v.
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