Legal Opinion

Marengo County v. Lyles

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 6 opinions

Appeal from the Circuit Court of Marengo. Tried before the Hon. William E. Clarice. This was an action of assumpsit brought by N. P. Lyles against Marengo county, and counted upon the common counts. The plaintiff’s claim was based on his-alleged right to be reimbursed for money which he had paid for the hire of a boy to pump water in the jail, and to keep up the fires therein during the winter months.

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Appeal from the Circuit Court of Marengo. Tried before the Hon. William E. Clarice. This was an action of assumpsit brought by N. P. Lyles against Marengo county, and counted upon the common counts. The plaintiff’s claim was based on his-alleged right to be reimbursed for money which he had paid for the hire of a boy to pump water in the jail, and to keep up the fires therein during the winter months. By agreement the cause was submitted to the court without the intervention of a jury; and on the hearing thereof judgment was rendered for the plaintiff. Defendant appeals, and assigns this…

1Per curiam

It is the opinion of the court that the plaintiff has misconceived his remedy. He should first have presented his claim to the court of county commissioners, asking for the payment thereof; and upon their refusal to allow his said claim, he should then have asked for a mandamus, directed to said court of county commissioners, commanding them to make such appropriation as would be just and proper in the premises.

Reversed and rendered.

2Cited by6 opinions

  1. Board of Revenue & Road Commissioners v. State ex rel. DragoSupreme Court of Alabama · 1911
  2. Jefferson County v. O'GaraSupreme Court of Alabama · 1939
  3. Scarbrough v. WatsonSupreme Court of Alabama · 1903
  4. State ex rel. Ellis v. Board of Revenue of Jefferson Co.Supreme Court of Alabama · 1911
  5. Jefferson County v. O'GaraAlabama Court of Appeals · 1939

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