Mayor of Wetumpka v. Winter
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. JOHN Gill Shoetee. The complaint in this case was in these words :— “ The mayor and aldermen of the city of Wetumpka, plaintiffs, vs. John G. Winter, defendant. _ . The plaintiffs claim of the defendant the sum of thirty thousand dollars, for the breach of the condition of a bond made by tbe defendant heretofore, to-wit, on the — day of July, A. D. 1851, payable to the plaintiffs, styling them ‘the mayor and…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. JOHN Gill Shoetee. The complaint in this case was in these words :— “ The mayor and aldermen of the city of Wetumpka, plaintiffs, vs. John G. Winter, defendant. _ . The plaintiffs claim of the defendant the sum of thirty thousand dollars, for the breach of the condition of a bond made by tbe defendant heretofore, to-wit, on the — day of July, A. D. 1851, payable to the plaintiffs, styling them ‘the mayor and aldermen of the city of We-tumpka,’ and their successors in office, in the sum of thirty thousand dollars; which bond…
1Opinion of the CourtStone, J.
If “ the money arising from the sale of said bonds [was] appropriated, under the supervision and direction of the mayor and aldermen of Wetumpka, to purposes of internal improvement, for the benefit of the citizens of Wetumpka,” there cannot be any question of the validity of the bond sued on, so far as the facts are disclosed by this record. The entire inquiry depends on the construction of the expression, “ internal improvements,” as found in the act amending the act incorporating the city of Wetumpka, approved February 1, 1850. — Pamphlet Acts, 348.
The phrase, “ internal improvements,”…
2Cases cited3 opinions
- Floyd v. RicksSupreme Court of Arkansas · 1853
- Salomon v. StateSupreme Court of Alabama · 1856
- Favers v. GlassSupreme Court of Alabama · 1853
3Cited by18 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- Opinion of JusticesSupreme Court of Alabama · 1945
- Adler v. StateSupreme Court of Alabama · 1876
- Mayor of Wetumpka v. Wetumpka Wharf Co.Supreme Court of Alabama · 1879
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