State ex rel. Fayette County v. Earnest
Supreme Court of Alabama
Appeal from tbe Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. Tbe bill in this case was filed by tbe appellant, the' State of Alabama for tbe use of Fayette County, against tbe appellees.
Read the full summary
Appeal from tbe Chancery Court of Fayette. Heard before the Hon. Thomas Cobbs. Tbe bill in this case was filed by tbe appellant, the' State of Alabama for tbe use of Fayette County, against tbe appellees. Tbe bill avers that Fayette County is a judgment creditor of R. M. Earnest, by reason of tbe forfeiture of a bond entered into for tbe appearance of one John Kilgore at the circuit court of Fayette county to answer an indictment for murder, and that “final judgment of forfeiture bad. been recovered against R. M. Earnest in favor of the county. It is then averred in the hill that the said R.…
1Opinion of the CourtTyson, J.
A county is a body corporate liable to sue and to be sued as a natural person may be. — Code, § 1397. Having the capacity to sue and be sued, and, of necessity, the right to become a party to a civil action, *633it is entitled to recover costs if successful, and is liable, if unsuccessful, to the successful party for costs. — Code, § 1325.
The proceedings to enforce a forfeiture on an appearance bond, is a civil action in which the county is the exclusive beneficiary.—Peck v. The State, 63 Ala. 201; Hunt v. The State, Ib. 196; Hatch v. The State, 40 Ala. 718; The Governor v. Knight, 8 Ala. 297;…
2Cases cited10 opinions
- Howie v. StateSupreme Court of Alabama · 1840
- Gardner v. Mobile & Northwestern RailroadSupreme Court of Alabama · 1893
- Herr v. SeymourSupreme Court of Alabama · 1884
- Lehman, Durr & Co. v. ClarkSupreme Court of Alabama · 1887
- Dover v. State ex rel. Winston CountySupreme Court of Alabama · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. PageAlabama Court of Appeals · 1923
- Colbert County v. Tennessee Valley BankSupreme Court of Alabama · 1932
- Copeland v. Jefferson CountySupreme Court of Alabama · 1915
- Colbert County v. Tennessee Valley BankSupreme Court of Alabama · 1932
- Graham v. StateAlabama Court of Appeals · 1915