Court of County Com'rs v. McCartney
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County ; W. W. Haralson, Judge. Bill by C. H. McCartney against the Court of County Commissioners of De Kalb County, Ala., and the Judge of Probate of said County, to enjoin them from issuing and selling certain warrants. From an order granting the injunction, the respondents appeal. The court had the authority to pass the order, make the contract, and issue and sell its warrants.
Read the full summary
Appeal from Circuit Court, De Kalb County ; W. W. Haralson, Judge. Bill by C. H. McCartney against the Court of County Commissioners of De Kalb County, Ala., and the Judge of Probate of said County, to enjoin them from issuing and selling certain warrants. From an order granting the injunction, the respondents appeal. The court had the authority to pass the order, make the contract, and issue and sell its warrants. Section 215, Const. 1901; Acts 1920, p; 10; 144 Ala. 579, 42 South. 66; 117 Ala. 203, 23 South. 807; 175 Ala. 644, 39 South. 167; 197 Ala. 384, 72 South. 550; New Standard Diet.…
1Opinion of the CourtMilder, J.
C. H. McCartney, a taxpayer, citizen of De Kalb county, over 21 years of age, filed this bill, duly sworn to, on January 14, 1922, against the court of county commissioners and judge of probate of that county to enjoin them from issuing and selling warrants, aggregating $45,000, the proceeds to be used to appropriate $40,000 cash to cover one-fourth of the cost to build a public highway in the county from Ft. Payne to Collinsville.
The bill avers that the court of county commissioners on January 2, 1922, met and passed this resolution and made the following orders:
“Whereas the State Highway…
2Cases cited1 opinion
- Hendrix v. FountainSupreme Court of Alabama · 1921
3Cited by4 opinions
- Ramage, Parks & Co. v. FolmarSupreme Court of Alabama · 1929
- Dodson v. BeairdSupreme Court of Alabama · 1939
- Gamble v. Commissioners' Court of St. Clair CountySupreme Court of Alabama · 1922
- Troy Nat. Bank v. Russell CountyDistrict Court, M.D. Alabama · 1923