Underwood v. School Township 16
Supreme Court of Alabama
Appeal from the Circuit Court of Bussell. Tried before the lion. Robert Dou&herty. This proceeding was commenced by notice and motion for a summary judgment, against William J. Underwood, and the sureties on his official bond, as school superintendent of the county of Russell, on account of his failure to pay over to the trustees of the township, on their demand, a balance of $261 14 of the funds in his hands to which the township was entitled.
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Appeal from the Circuit Court of Bussell. Tried before the lion. Robert Dou&herty. This proceeding was commenced by notice and motion for a summary judgment, against William J. Underwood, and the sureties on his official bond, as school superintendent of the county of Russell, on account of his failure to pay over to the trustees of the township, on their demand, a balance of $261 14 of the funds in his hands to which the township was entitled. The defendants moved to dismiss the proceeding, “on the ground that there was no law authorizing the same,” and reserved an exception to the…
1Opinion of the CourtStone, J.
Section 6, article IV, of the act “ to render more efficient the system of free public schools in the State of Alabama,” (Pamph. Acts of 1855-6, p. 44,) reads as follows: “That the county superintendent must promptly pay over the money in his hands, according to the provisions of this act; and, failing to do so, he shall be liable to the penalties set forth in section 382 of the Code of Alabama, against treasurers who fail to pay over school funds.”
Under this section, we are asked to sanction the application of a summary remedy against the superintendent and his sureties, on his bond. The…
2Cited by3 opinions
- Parish v. AlstonTexas Supreme Court · 1885
- State ex rel. Coleman v. WilliSupreme Court of Missouri · 1870
- Stewart v. WarfieldSupreme Court of Alabama · 1861