Ensley Motor Car Co. v. O'Rear
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Mandamus by the Ensley Motor Car Company against Caine O’Rear to compel him as County Treasurer to pay a warrant, ordered issued by, the Court of County Commissioners. From a decree denying thie writ petitioner appeals.
1Opinion of the Court
THOMAS, J.(1) This court has held that counties are governmental agencies of the state; and the' board of revenue or commissioners’ court is invested with large powers in the conduct of the business affairs of the county. The county is liable for those claims only which the law imposes or authorizes to be contracted.
“No officer can charge the county with the payment of any claim due him, however meritorious or whatever benefit the county may have derived therefrom, unless expressly or by necessary implication authorized by law.”
Without regard to any liability of the county at common law, the…
2Cases cited26 opinions
- Askew v. Hale CountySupreme Court of Alabama · 1875
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- Matkin v. Marengo CountySupreme Court of Alabama · 1902
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Tuscaloosa County v. ShamblinSupreme Court of Alabama · 1936
- Barber v. COVINGTON COUNTY COM'NSupreme Court of Alabama · 1985
- Thompson v. Chilton CountySupreme Court of Alabama · 1938
- Arnold v. Custer CountyMontana Supreme Court · 1928
- Dorsett v. State Ex Rel. PriceSupreme Court of Oklahoma · 1930
14 more not listed; retrieve them via the Exa API.