Vincent v. Gilmer's
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. L. B. Strange. This action was brought by Jefferson Falkner, as the executor of the last will and testament of W. B. S. Gilmer, deceased, against J. H. Vincent, county treasurer of said county, to recover the interest on a claim against the county in favor of the plaintiff, which had been audited and allowed by the commissioners’ court; and was commenced by notice and motion.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. L. B. Strange. This action was brought by Jefferson Falkner, as the executor of the last will and testament of W. B. S. Gilmer, deceased, against J. H. Vincent, county treasurer of said county, to recover the interest on a claim against the county in favor of the plaintiff, which had been audited and allowed by the commissioners’ court; and was commenced by notice and motion. The plaintiff’s claim was for $1,611, and was audited and allowed by-the commissioners’ court on the 15th February, 1869; and it was presented by him, on…
1Opinion of the CourtBrickell, J.
The demurrer to the complaint, the charge given, and the charge requested, presént but a single question; that is, whether a claim against a county, audited and allowed by the court of county commissioners, bears interest from the day of its allowance, to the day of its payment by the county treasurer.
The court of county commissioners is required to audit all claims against their respective counties, and to register every claim, or such part thereof as is allowed ; and the judge of probate is required to give the claimant a warrant on the treasury for the amount so allowed. R. C. § 907. The…
2Cases cited5 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Autauga County v. DavisSupreme Court of Alabama · 1858
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
- Falkner v. Judge & Commissioners of Randolph CountySupreme Court of Alabama · 1851
- McWhorter v. StandiferSupreme Court of Alabama · 1835
3Cited by11 opinions
- Fidelity-Phenix Fire Ins. v. Board of Ed.Supreme Court of Oklahoma · 1948
- Lapeyrouse Grain Corp. v. TallantSupreme Court of Alabama · 1983
- Jefferson County v. City of BirminghamSupreme Court of Alabama · 1938
- Town of Eutaw v. ColemanSupreme Court of Alabama · 1914
- Elmore County Com'n v. RagonaSupreme Court of Alabama · 1990
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