Brown v. Gay-Padgett Hdw. Co.
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hou. W. W. Haralson. Motion by tbe Gay-Padgett Hardware Company for summary .judgment against Dallas Brown, as county treasurer, for refusing to pay certain claims wbicb bad been allowed by the commissioners’ court of Jackson county, and for which Avarrants had been draAvn against the general or special funds of the county. From a judgment granting the motion, the treasurer appealed.
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Appeal from Jackson Circuit Court. Heard before Hou. W. W. Haralson. Motion by tbe Gay-Padgett Hardware Company for summary .judgment against Dallas Brown, as county treasurer, for refusing to pay certain claims wbicb bad been allowed by the commissioners’ court of Jackson county, and for which Avarrants had been draAvn against the general or special funds of the county. From a judgment granting the motion, the treasurer appealed. Motion Avas filed under section 5938, Code of 1907. The claims were as follows: $36 for tools and road material; $19 for work on the county bridge; $25 for a fee…
1Opinion of the CourtSomerville, J.
In the case of Gunter v. Hackworth, 182 Ala. 205, 62 South. 101, we held that the in-, debtedness of Jackson county exceeds the limitation fixed by section 224 of the Constitution, and that the county could not incur any further indebtedness, even for the rebuilding of the county court house, which had been destroyed by fire. Speaking in general terms, it was there said, per Sayre, J., that:
“The prohibition against indebtedness is generally construed to apply to indebtedness in all forms, however incurred, or for whatever purpose. Such has been the ruling of this court. —Hagan v.…
2Cases cited12 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- City of Valparaiso v. GardnerIndiana Supreme Court · 1884
- Butts County v. Jackson Banking Co.Supreme Court of Georgia · 1908
- Appeal of the City of ErieSupreme Court of Pennsylvania · 1879
- French v. City of BurlingtonSupreme Court of Iowa · 1876
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3Cited by36 opinions
- Hall v. BlanSupreme Court of Alabama · 1933
- Oppenheim v. City of FlorenceSupreme Court of Alabama · 1934
- Chism v. Jefferson CountySupreme Court of Alabama · 2006
- O'Rear v. SartainSupreme Court of Alabama · 1915
- State Ex Rel. Hyland v. BaumhauerSupreme Court of Alabama · 1942
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