Comer v. Bankhead
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. James E. Cobb. The appellant in this case, John W. Comer, filed his petition, •addressed to the presiding judge of the circuit which includes the county of Elmore, praying a mcmdcomus against John IL Bankhead, the warden of the State penitentiary at Wetumpka, requiring him to deliver to the petitioner the number of convicts to which he claimed to be entitled under a contract made with John G. Bass, the former…
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Appeal from the Circuit Court of Elmore. Tried before the Hon. James E. Cobb. The appellant in this case, John W. Comer, filed his petition, •addressed to the presiding judge of the circuit which includes the county of Elmore, praying a mcmdcomus against John IL Bankhead, the warden of the State penitentiary at Wetumpka, requiring him to deliver to the petitioner the number of convicts to which he claimed to be entitled under a contract made with John G. Bass, the former warden. The contract between Comer and Bass, which was made an exhibit to the petition, was dated the 22d December, 1880,…
1Opinion of the CourtStone, J.
The contract, out of which the present contention arose, was entered into, or attempted to be entered into, under section 4536, Code of 1876. Under that section, the warden of the penitentiary is empowered “to employ or hire out the convicts, to be used without the walls of the penitentiary, either upon public or private work within the State; all contracts of hiring to be approved by the governor; but such hiring shall not be for a longer term than five years.” The present contract was entered into between Bass, the then warden of the penitentiary, and Comer, the hirer; was approved by the…
2Cases cited3 opinions
- Chicago v. SheldonSupreme Court of the United States · 1870
- Drover v. EvansIndiana Supreme Court · 1877
- Taylor v. WhiteSupreme Court of Iowa · 1876
3Cited by40 opinions
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
- Jones v. LanierSupreme Court of Alabama · 1916
- Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
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