Dover v. State ex rel. Winston County
Supreme Court of Alabama
Appeal from Circuit Court of Winston. Tried before Hon. W. S. Mudd. On the preliminary examination of W. P. Garrison, charged with the murder of Peyton Baughan, the two justices of the peace, John Hill, sr., and John W. Steele, before whom the examination was conducted, required the defendant to give a bond of $2,000 for his appearance at the next term of the court to answer any indictment which might be found against him, &c.
Read the full summary
Appeal from Circuit Court of Winston. Tried before Hon. W. S. Mudd. On the preliminary examination of W. P. Garrison, charged with the murder of Peyton Baughan, the two justices of the peace, John Hill, sr., and John W. Steele, before whom the examination was conducted, required the defendant to give a bond of $2,000 for his appearance at the next term of the court to answer any indictment which might be found against him, &c. The defendant then offered the following instrument as such bond : “ State of Alabama,) Winston county. Í We, W. P. Garrison and D. Dover, are held and firmly bound…
1Opinion of the CourtPetees, J.
This is a motion to tax the county of Winston, the usee in this ease, with the costs of this appeal in this court and in the court below.
The county is a body corporate, with power to sue or be sued in any court of record in this State. — Eevised Code, § 897. It may own property and take and accept grants and conveyances for its use and ■ benefit. — Eevised Code, § 898, 899. It may also sell its property. — Eevised Code, § 899. The county may also be the usee in a suit. — Eevised Code, § 4254.
The law giving costs is in the following words : “ The successful party in all civil actions is…
2Cases cited2 opinions
- Governor v. KnightSupreme Court of Alabama · 1845
- Hatch v. StateSupreme Court of Alabama · 1867
3Cited by8 opinions
- Jones v. City of OpelikaSupreme Court of Alabama · 1941
- Malheur County v. CarterOregon Supreme Court · 1908
- Smith v. DukeSupreme Court of Alabama · 1952
- State ex rel. Coosa County v. ParkerSupreme Court of Alabama · 1887
- State ex rel. Fayette County v. EarnestSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.