Yerby v. Sexton
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before Hon. L. E. Smith. Tbe complaint in tbis case was as follows: “ M. H. Yerby, county sup’t of Hale county, v. L. L. Sexton, J. K. Elliott, Pinkney Jones.
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Appeal from the Circuit Court of Hale. Tried before Hon. L. E. Smith. Tbe complaint in tbis case was as follows: “ M. H. Yerby, county sup’t of Hale county, v. L. L. Sexton, J. K. Elliott, Pinkney Jones. “Tbe plaintiff, as county superintendent of Hale county, Alabama, claims of the defendants three hundred dollars, with interest, due by promissory note made by them on tbe 25th day of October, 1859, and payable twelve months after date, to the trustees of the sixteenth section school fund in township 22, range 4, east, in said county; said note has been transferred to plaintiff by said…
1Opinion of the CourtPeck, C. J.
The question presented by the argument to be decided by this court on the record in this case is, “the capacity of the plaintiff, in his own name, as county superintendent of Hale county, to bring and maintain the action, on the note sued on in this case, as the party really interested in said note.”
In doing this, the statements of the complaint are to be taken as admitted. 1st. That the note was given by the defendants, for moneys loaned to them by the trustees of the school fund of the township in said note named, called in section 577 of the Eevised Code, trustees of free public schools,…
2Cited by8 opinions
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Hirschfelder v. MitchellSupreme Court of Alabama · 1875
- Rice v. RiceSupreme Court of Alabama · 1894
- Ex parte RandallSupreme Court of Alabama · 1906
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