Commissioners Court v. State ex rel. Southern Ry. Co.
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. A. H. Alston. This was a petition addressed to the circuit court of Chilton county, seeking to require the judge of probate of Chilton county, as chairman of the commissioners’ court, and the commissioners’ court of said county, to pass upon and allow or refuse a claim presented to it by the Southern Railway Company for a sum of money alleged to have been overpaid as taxes by said railroad.
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Appeal from Chilton Circuit Court. Heard before Hon. A. H. Alston. This was a petition addressed to the circuit court of Chilton county, seeking to require the judge of probate of Chilton county, as chairman of the commissioners’ court, and the commissioners’ court of said county, to pass upon and allow or refuse a claim presented to it by the Southern Railway Company for a sum of money alleged to have been overpaid as taxes by said railroad. It seems from the facts in the record that this claim yus presented to the predecessors of the present appellants, and rejected; but no minute of the…
1Opinion of the CourtTyson, J.
It appears from the judgment entry that respondents’ demurrer to the petition was, on motion, stricken from the files. This motion, while appearing in the transcript as a part of the record of the trial court, is not incorporated in the bill of exceptions. It was not a pleading in the cause (Meyer v. Block, 139 Ala. 174, 35 South. 705), and therefore not properly a part of the record of the court below, and it cannot be looked to or considered by us for the purpose of determining whether properly or) improperly granted. — Jones v. Anniston, 138 Ala. 199, 35 South. 112, and cases there cited.…
2Cases cited12 opinions
- Spraggins v. StateSupreme Court of Alabama · 1903
- Randall v. WadsworthSupreme Court of Alabama · 1900
- Crenshaw County v. SikesSupreme Court of Alabama · 1896
- Hooper v. StateSupreme Court of Alabama · 1904
- Scarbrough v. WatsonSupreme Court of Alabama · 1903
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3Cited by5 opinions
- Ex parte WattersSupreme Court of Alabama · 1913
- W. L. Weller & Sons v. RensfordSupreme Court of Alabama · 1914
- Singer Sewing Machine Co. v. TeasleySupreme Court of Alabama · 1916
- Slayton & Co. of Toledo v. Winston CountyCourt of Appeals for the Fifth Circuit · 1928
- State Ex Rel. Denson v. HowzeSupreme Court of Alabama · 1945