The Montgomery advertiser., 1904-10-12
fieAd-Notes Qf the Decisions .S @ Alabama Supreme Court

HrJHToN EFT AL vs. DANGERFIELD. Act,nr of trespass on the case.--Ap-
 peal from the City Court of Bir- | minghsm.
 k Action on the case for destruction | of landlords lien; sufficiency Of com plaint.-In an action on the case by s IandIord against constable and the sureties on his oficial bond for hav- Einr levied an execution on personal property upon which the plaintiff had lein for rent, and thereby defeated the enforcement of such lien, the complaint which, after averring the | facts as above stated, fhrtner averred | that the property levied upon wat owned by the plaintiffs tenant. who was the defendant in the execution, | but that said property was upon the leased premises. and the plaintiff had a lien upon the property for the se- ouritv, of the rent due and to become due. and that before the property was sold under the execution. he gave mo- l tfce to the constable of the existence 1 of his lien. but that disregarding said notice. the constable sold the prop erty so s>vied upon. and thereby de- feated the enforcement of the plain tin.s lien by a statutory remedy of att | tachment.-states a good cause of ac- tion and is not subject to demurrer. e. Action to recover damages for wrongful levy of execution; admissi- bilfty of evidence.--In an action by a landlord against a constable and the sureties on his oficial bond for having levied an execution
 upon the personal property upon
 which the plaintiff had land
 lords lien, and after being given mo- tice of such lien. sold the property so levied upon, thereby defeating the en- forcement of the lien, evidence that
 the constable was indemnified to make the lien and sale. is admissible. 8. Evidence; transcript of ofiicial bond admissible.--A transcript of the | ofYicial bond of the constable. when duly certified by the Probate Judge. is under the provisions of the statute, | (Code Sec. 1ssi), required to be re- ceived in evidence in all courts.
 A., Contract for the payment of
 rent: descriptio personae.--Where in a contract for the payment of rent. a
 tenant promises to pay the rent to a certain named person Agent" the
 word Agent" Is mere descriptio per | sonae. and does not disqualify such l person from bringing suit in his own name to recover the rent promised to
 be paid.
 $. Rents: when manner of listing property Tor taxation 1mmaterfal Tn ! in suit to recover rent.-Whereby a
 contract of lease, the rent agreed up- | on Is promised to be paid to certain | named person individually. the fact | that such persons listed the property for taxation in his own name as trus- tee, for another person, does not pre-
 vent him from maintaining suit in | his own name.
 & Action for breach of oficial
 bond; fatal variance.-where a suit is
 brought to recover damage resulting l from the breach of an oficial bond
 and said bond is alleged to have been executed on August 14th, 1896" by
 the defendant and four other named | persons, and the bond offered in evil dence by the plaintiff is executed on August 18th, 1896. by the said defen- dant and the four other named per-
 sons and one other person. there is a
 fatal variance between the bond count- | ed upon and the one introduced in evil
 dence, and by reason of such variance, the defendants are entitled to the gon-
 eral affirmative charge.
 2. Action to recover damages for defeating enforcement of lanlord's | lien: measure of recovery.--In an ac- tion by a landlord against a consta-
 ble and the sureties on his offlcial bond
 for the wrongful levy of an execution
 upon, and the sale of property upon
 which the plaintiff had lien, the
 measure of damages recoverable is the