Legal Opinion

Moody v. Terrell-Hedges Co.

Alabama Court of Appeals

Decided April 2, 1918No. 8 Div. 573PublishedCited by 5 opinions

Appeal from Circuit Court, Jackson County ; W. W. Haralson, Judge. Petition by the Terrell-HecLges Company against A. H. Moody, Judge of Probate of Jackson County, for mandamus to issue warrants authorized by resolution of the county board. From a judgment in favor of petitioner, respondent appeals.

1Opinion of the CourtSamford, J.

On February 21, 1912, an agreement was entered into between the commissioners’ court of Jackson county, undertaking to act for the county, and Terrell-Hedges Company, appellee here, whereby appellee, in consideration of a certain sum of money, agreed to install in the new courthouse of the county certain electric light fixtures, whereupon appellee proceeded to install the fixtures stipulated in the contract. At the time of the making of the contract, and at the time of the installation, the county was indebted beyond its constitutional debt limit, and therefore the contract was illegal and…

2Cases cited14 opinions

  1. Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
  2. Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
  3. Hagan v. Commissioner's CourtSupreme Court of Alabama · 1909
  4. Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
  5. General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911

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3Cited by5 opinions

  1. State Ex Rel. Russell County v. Fourth National BankSupreme Court of Alabama · 1959
  2. Farmers & Merchants Bank v. SawyerAlabama Court of Appeals · 1935
  3. County Board of Education of Coffee County v. City of ElbaSupreme Court of Alabama · 1961
  4. Moody v. GunterSupreme Court of Alabama · 1919
  5. Town of Camden v. Fairbanks, Morse & Co.Supreme Court of Alabama · 1920

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