Wightman v. Karsner
Supreme Court of Alabama
Error to the Circuit Court of Lauderdale. Tried before the Hon. L. P. Walker. Motion against county treasurer under the statute. The plaintiff in error moved for judgment against the defendant as treasurer, of the county of Lauderdale, in the Circuit Court of said county, on a certificate of allowance of a claim in favor of John R. Henry, which is in the following words and figures: “ The State of Alabama, Lauderdale county.
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Error to the Circuit Court of Lauderdale. Tried before the Hon. L. P. Walker. Motion against county treasurer under the statute. The plaintiff in error moved for judgment against the defendant as treasurer, of the county of Lauderdale, in the Circuit Court of said county, on a certificate of allowance of a claim in favor of John R. Henry, which is in the following words and figures: “ The State of Alabama, Lauderdale county. Commissioners’ Court, Special Term, 4th April, 1849. Ordered by the Court, that John R. Henry be allowed two thousand two hundred and ten dollars, the balance due him on…
1Opinion of the CourtLIGrON, J.
Tbe charge of tbe court below, which is here assigned for error, proceeds upon tbe assumption, that tbe special term of tbe Court of Commissioners of Revenue and Roads for tbe county of Lauderdale, at which tbe claim of Henry was audited and allowed, was held without authority of law, and consequently its acts were coram nonjudice and void.
If tbe Court of Commissioners of Revenue and Roads, at tbe session at which this claim was audited and allowed, was clothed with all tbe attributes necessary to give it jurisdiction, tbe manner of its exercise is certainly regular in this instance.
Jurisdicti…
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