Scruggs v. Underwood
Supreme Court of Alabama
Appeal from Circuit Court of Sumter. Tried before Hon. Harry T. Toulmin. This was a summary proceeding, commenced by the appellee, Underwood, against the appellant Scruggs, who was treasurer of the county, for his failure, on demand, to pay a county warrant.
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Appeal from Circuit Court of Sumter. Tried before Hon. Harry T. Toulmin. This was a summary proceeding, commenced by the appellee, Underwood, against the appellant Scruggs, who was treasurer of the county, for his failure, on demand, to pay a county warrant. Appellee’s father had been clerk of the circuit court, and the warrant had been drawn by order of the commissioner’s court in May, 1871, for fees in State cases, accruing between March 1st, Í870, and May, 1871, under § 4438 of the Revised Code. The warrant, after having been registered May 31st, 1871, was assigned to appellee, who…
1Opinion of the CourtBrickell, C. J.
Fines imposed as a punishment for misdemeanors are payable to the county in which the indictment is found, or the prosecution commenced, and for their recovery, judgment is entered in favor of the State for the use of the particular county. The forfeitures of undertakings of bail, and the penalties incurred by witnesses for disobedience of the process of the court, or fines for contempt, are also payable to the county. The funds derived from this source, to distinguish them from the general funds, and because they could not be appropriated as the general funds of the county were, have been…
2Cited by3 opinions
- Herrmann v. Mobile CountySupreme Court of Alabama · 1918
- Jackson County v. DerrickSupreme Court of Alabama · 1897
- State ex rel. Greene County v. ColemanSupreme Court of Alabama · 1883