Barbour County v. Horn
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. MoCaleb Wiley. This action was brought by W. D. Horn, against the county of Barbour, and was commenced on the 20th February, 1859. The complaint was in the following words : “Plaintiff claims of the defendant the sum of twenty thousand dollars, for injuries sustained by him on account of the loss of his health, and the permanent use of his limbs, resulting directly and immediately from his fall from a certain…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. MoCaleb Wiley. This action was brought by W. D. Horn, against the county of Barbour, and was commenced on the 20th February, 1859. The complaint was in the following words : “Plaintiff claims of the defendant the sum of twenty thousand dollars, for injuries sustained by him on account of the loss of his health, and the permanent use of his limbs, resulting directly and immediately from his fall from a certain bridge across ‘Lick creek’ in Barbour county; which bridge had been built by contract with the court of county…
1Opinion of the CourtJudge, J.
Section 763 of the Code declares, that “every county which has been, or may be established in this State, is a body corporate, with power to sue and be sued in any court of record.”
This section of the Code does not prescribe on what causes of action a county may, or may not be sued; this question is to be determined by other statutes, and settled principles of the law applicable to suits by or against such or similar corporations. The action in the present case, in so far as the right to institute and maintain it is concerned, is governed entirely by statutory enactments, and it is un*121necessary…
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3Cited by10 opinions
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- Hoexter v. JudsonWashington Supreme Court · 1899
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