Legal Opinion

Alabama Great Southern Railroad v. Reed

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 17 opinions

Appeal from DeKalb Circuit Court. Tried before lion. J. A. Bilbro. The appellant sued the appellee to recover money paid to him as tax collector, under protest. The facts are stated in the opinion.

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Appeal from DeKalb Circuit Court. Tried before lion. J. A. Bilbro. The appellant sued the appellee to recover money paid to him as tax collector, under protest. The facts are stated in the opinion. The court gave the affirmative charge to the defendant. • cited, Randolph v. Builders & Planters Supply Co., 106 Ala. 509; Yerby v. Cochran, 101 Ala. 544; Ballentyne v. 'Wickersham, 75 Ala. 538; Ex parte Cowart; Ex parte Reynolds, 92 Ala. 94; Montgomery v. State, 108 Ala. 141. cited, Ex parte Gayles, 108 Ala. 514; City Council v. N. B. & L. Asso., 108 Ala. 336; The State ex rel.-v. Rogers, 107 Ala.…

1Opinion of the CourtTyson, J.

— The, complaint contains two counts, each founded upon an account for money had and received by the defendant to plaintiff’s use. The first count seeks a recovery of one thousand four hundred and forty-five and 56-100 dollars paid by the plaintiff to the defendant under protest and compulsión. Of this amount one thousand and eighty-four and 17-00 dollars was paid on account of a special tax levied by the court of county commissioners “of three twentieths of one per centum on all the taxable property in the county for the purpose of paying semi-annual interest on county bonds, and for the…

2Cases cited9 opinions

  1. Ex parte PollardSupreme Court of Alabama · 1866
  2. State v. StreetSupreme Court of Alabama · 1897
  3. Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
  4. Ex parte Mayor of BirminghamSupreme Court of Alabama · 1896
  5. Ex parte DementSupreme Court of Alabama · 1875

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3Cited by17 opinions

  1. Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
  2. Rogers v. GarlingtonSupreme Court of Alabama · 1937
  3. Lovejoy v. City of MontgomerySupreme Court of Alabama · 1913
  4. Ham v. State ex rel. BuckSupreme Court of Alabama · 1908
  5. Board of Revenue and Road Com'rs v. PuckettSupreme Court of Alabama · 1933

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