Littlejohn v. Littlejohn
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Bill by H. T. Littlejohn, as a taxpayer of Chilton county, against J. Wiley Littlejohn, as Treasurer, to enjoin payments out of the county’s money on certain interest-bearing warrants issued by the commissioners’ court of the county to J. G. Brown in payment of certain road work construction under contract made with the commissioners’ court. From a decree denying relief, respondent appeals.
Read the full summary
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Bill by H. T. Littlejohn, as a taxpayer of Chilton county, against J. Wiley Littlejohn, as Treasurer, to enjoin payments out of the county’s money on certain interest-bearing warrants issued by the commissioners’ court of the county to J. G. Brown in payment of certain road work construction under contract made with the commissioners’ court. From a decree denying relief, respondent appeals. The road improvement warrants referred to in the opinion read as follows:. “$500 No. 1. “Know all men by these presents that the county…
1Opinion of the Court
McCLELLAN, J.(1) It must be regarded as settled that the issuance by the authority of a commissioners’ court of interest-bearing warrants on the county treasurer, payable at stated times in the future, to pay for public buildings, public roads and bridges, is not the issuance of bonds by the county within the provisions of section 222 of the Constitution; and that commissioners’ courts are competent, unless restrained by the debt limit fixed in section 224 of the Constitution (Hagan v. Com’rs, 160 Ala. 544, 49 South. 417, 37 L. R. A. [N. S.] 1027; Gunter v. Hackworth, 182 Ala. 205, 62 South.…
2Cases cited8 opinions
- Hagan v. Commissioner's CourtSupreme Court of Alabama · 1909
- Matkin v. Marengo CountySupreme Court of Alabama · 1902
- O'Rear v. SartainSupreme Court of Alabama · 1915
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
- Talley v. Commissioners' CourtSupreme Court of Alabama · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. Family Bank of HallandaleSupreme Court of Florida · 1993
- Kimmons v. Jefferson County Board of EducationSupreme Court of Alabama · 1920
- Chism v. Jefferson CountySupreme Court of Alabama · 2006
- Board of Revenue Shelby County v. Farson, Son & Co.Supreme Court of Alabama · 1916
- Herbert v. PerrySupreme Court of Alabama · 1937
20 more not listed; retrieve them via the Exa API.