Camp v. Marion County
Supreme Court of Alabama
Appeal from the Circuit Court of Marion. Tried before the Hon. Leroy F. Box. This action was brought by Marion countv, against John O. Gamp and others, was commenced on the 4th March, 1890, and was founded on a penal bond, which was conditioned for the faithful performance by said Gamp of a contract for the building of a court-house, entered into between him and the plaintiff.
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Appeal from the Circuit Court of Marion. Tried before the Hon. Leroy F. Box. This action was brought by Marion countv, against John O. Gamp and others, was commenced on the 4th March, 1890, and was founded on a penal bond, which was conditioned for the faithful performance by said Gamp of a contract for the building of a court-house, entered into between him and the plaintiff. The complaint set out the condition of the bond,, and assigned breaches; claiming $500 -as damages, and for each breach $100 or $150. The defendants demurred to the complaint, because it did’not show the capacity in…
1Opinion of the CourtColeman, J.
The court has judicial knowledge of the names of all the counties in the State, and of their corporate character.—Overton v. State, 60 Ala. 73; Code, § 886. The demurrer was properly overruled.
Bills of exceptions are of statutory origin. At common law, errors were revisable by writ of error, and this would not lie, except for error apparent on the record.—Petty v. Dill, 53 Ala. 643. The appropriate office of a bill of exceptions is to introduce on the record rulings of the court which are not intrinsic to the cause, but arise' incidentally in its progress. Rolater v. Rolater, 52 Ala. 111; 8…
2Cases cited4 opinions
- Overton v. StateSupreme Court of Alabama · 1877
- Brown v. Alabama Great Southern RailroadSupreme Court of Alabama · 1888
- Rolater v. RolaterSupreme Court of Alabama · 1875
- Wynn v. SimmonsSupreme Court of Alabama · 1858
3Cited by5 opinions
- Ex Parte City of Huntsville Hospital Bd.Supreme Court of Alabama · 1978
- Hartford v. Northern Pacific RailroadWisconsin Supreme Court · 1895
- Black v. RyanSupreme Court of Alabama · 1915
- Buckner v. VaughtAlabama Court of Appeals · 1912
- Manning v. GilesSupreme Court of Alabama · 1916