Naftel v. County of Montgomery
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before 'the Hon. A. D. Saves. • This action was brought by the appellant, J. H. Naftel against the County of Montgomery; and counted upon an account for work -and labor done in performing an autopsy and making a microscopical examination on the body of Kate Cahalan. Upon issue joined upon the plea of the general issue, the cause was tried upon an agreed statement of facts, without the intervention of a jury.
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Appeal from the City Court of Montgomery. Tried before 'the Hon. A. D. Saves. • This action was brought by the appellant, J. H. Naftel against the County of Montgomery; and counted upon an account for work -and labor done in performing an autopsy and making a microscopical examination on the body of Kate Cahalan. Upon issue joined upon the plea of the general issue, the cause was tried upon an agreed statement of facts, without the intervention of a jury. This agreed statement sets forth the following facts: Kate Cahalan suddenly died in August, 1896, within the county of Montgomery, and…
1Opinion of the CourtHaralson, J.
1. Whatever, may have been the liability of counties at common, law, and whatever may be their liability in the different .States of the Union, under different • statutes, the. policy long adopted in this State has been and is, to remove them from any liability on any account, -except as may be allowed by statute. The weight of authority, as this court has-heretofore said, is opposed to subjecting-them to common law liabilities. — Barbour County v. Horn, 48 Ala. 657.
In Van Eppes v. The Commissioners, 25 Ala. 460,— suit against the county for the hire of carriages, under the direction of the…
2Cases cited4 opinions
- Posey & Tompkins v. Mobile CountySupreme Court of Alabama · 1873
- Oakley v. OakleySupreme Court of Alabama · 1857
- Van Eppes v. Comm'rs' Court of MobileSupreme Court of Alabama · 1854
- Barbour County v. ClarkSupreme Court of Alabama · 1874
3Cited by29 opinions
- Lewis v. DavisSupreme Court of Alabama · 1916
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Coody v. CoodySupreme Court of Oklahoma · 1913
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
- Birmingham Railway L. & P. Co. v. HintonSupreme Court of Alabama · 1908
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