Town Council of Cahaba v. Burnett
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the lion. John Gill Shoktes. This action was brought by James T. Burnett, against the Town Council of Cahaba, to recover the sum of $1000, alleged to be “ due by account on the 1st March, 1855, the same being money paid said defendant unlawfully for a license for the year 1855.” A demurrer to the complaint was intei’posed, but overruled.
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Appeal from the Circuit Court of Dallas. Tried before the lion. John Gill Shoktes. This action was brought by James T. Burnett, against the Town Council of Cahaba, to recover the sum of $1000, alleged to be “ due by account on the 1st March, 1855, the same being money paid said defendant unlawfully for a license for the year 1855.” A demurrer to the complaint was intei’posed, but overruled. “ On the trial,” as the bill of exceptions states, “the plaintiff proved by one Lodor, who was cleric, secretary and treasurer of the town council of Cahaba on the 19th February, 1855, that the plaintiff…
1Opinion of the Court
A. J. WALKER, O. J.
It is the law of this State, that where money has been voluntarily paid, through mistake or ignorance of law, with a full knowledge of the facts, and without fraud or imposition, it can not be reclaimed, either at law or in equity. While we are aware that this proposition is too broad to harmonize with all the decisions, yet it is supported by the .great preponderance of adjudged cases, both in England and America, and by what we conceive to be a sound policy, and has been too often recognized in our jurisprudence to be now denied. *403Eor these reasons, and because the subject…
2Cases cited19 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Mayor of Baltimore v. LeffermanCourt of Appeals of Maryland · 1846
- Ripley v. GelstonNew York Supreme Court · 1812
- Maxwell v. GriswoldSupreme Court of the United States · 1851
- Dupuy v. RoebuckSupreme Court of Alabama · 1845
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3Cited by52 opinions
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