Legal Opinion

Gunter v. Hackworth

Supreme Court of Alabama

Decided April 17, 1913PublishedCited by 17 opinions

Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. H. Gunter and others, resident citizens and taxpayers of Jackson county, against J. B. Hackworth and others, members of the commissioner’s court of Jackson county, and another. Decree for respondents •on demurrer, and complainants appeal.

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Appeal from Jackson Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. H. Gunter and others, resident citizens and taxpayers of Jackson county, against J. B. Hackworth and others, members of the commissioner’s court of Jackson county, and another. Decree for respondents •on demurrer, and complainants appeal. The bill is to enjoin the execution of a contract to build a courthouse, and to declare void interest-bearing warrants issued to pay for the same, and to further enjoin the issuance of such warrant, on the ground that the present indebtedness of the county, independent of the…

1Opinion of the CourtSayre, J.

When the constitutional convention of 1901 addressed itself to the purpose of fixing arbitrary limits beyond which the counties of the state should not go in levying taxes and incurring indebtedness, there were presented to it all those possible exigencies of bridges swept away, courthouses, jails, and poorhouses destroyed, in which strict limitations might seriously impair the administration of those functions of government which are committed to county organizations. ■ In the way of limiting indebtedness the result of its deliberation is found in section 224 of the Constitution, which reads…

2Cases cited4 opinions

  1. Hagan v. Commissioner's CourtSupreme Court of Alabama · 1909
  2. Sisk v. CargileSupreme Court of Alabama · 1902
  3. Mayor of Wetumpka v. Wetumpka Wharf Co.Supreme Court of Alabama · 1879
  4. Simpson v. Lauderdale CountySupreme Court of Alabama · 1876

3Cited by17 opinions

  1. Hall v. BlanSupreme Court of Alabama · 1933
  2. Oppenheim v. City of FlorenceSupreme Court of Alabama · 1934
  3. Brown v. Gay-Padgett Hdw. Co.Supreme Court of Alabama · 1914
  4. Chism v. Jefferson CountySupreme Court of Alabama · 2006
  5. O'Rear v. SartainSupreme Court of Alabama · 1915

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