Legal Opinion

Mitchell v. Tallapoosa County

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 6 opinions

Appeal from tbe Circuit Court of Tallapoosa. Tried before tbe Hon. JNO. Gill Shoetee. This action was brought by tbe appellant, to recover of tbe county tbe amount of an account for medicines furnished and services rendered by him, as a physician, at tbe request of tbe sheriff, to certain prisoners confined in tbe county jail.

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Appeal from tbe Circuit Court of Tallapoosa. Tried before tbe Hon. JNO. Gill Shoetee. This action was brought by tbe appellant, to recover of tbe county tbe amount of an account for medicines furnished and services rendered by him, as a physician, at tbe request of tbe sheriff, to certain prisoners confined in tbe county jail. Tbe plaintiff proved, that tbe white prisoners, to whom be administered medicines, were sick, and required medical attendance, and were wholly insolvent;'that a slave named Bich, on whom be also attended, was confined in jail on a charge of having murdered bis late…

1Opinion of the CourtBice, C. J.

Tbe Code makes provision for tbe support of prisoners confined in jail; but we have not been able to find any law, which fixes a liability on tbe county *131for medical attention, drugs, or medicines, furnished to any such, prisoner, not at the request of the county, or of the court of county commissioners, but at the request of the sheriff or jailor. The county cannot be coerced to pay for such medical attention, drugs or medicines.— Van Eppes v. The Comm’rs’ Court of Mobile, 25 Ala. 460.

It is argued, that the county ought by all means to be held liable for the medical services rendered to the…

2Cases cited2 opinions

  1. Van Eppes v. Comm'rs' Court of MobileSupreme Court of Alabama · 1854
  2. Gibson v. AndrewsSupreme Court of Alabama · 1842

3Cited by6 opinions

  1. Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
  2. Weakley v. HenrySupreme Court of Alabama · 1920
  3. Walker v. BridgeforthAlabama Court of Appeals · 1913
  4. Barbour County v. HornSupreme Court of Alabama · 1872
  5. Malone v. Escambia CountySupreme Court of Alabama · 1896

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