Legal Opinion

Mobile County v. Sands

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 3 opinions

Appeal from the Circuit Court of Mobile. Tried before tlie Hon. William S. Anderson. R. M. Bands, as administrator of John M. Nardin, deceased, and Tell Nardin, brought this action against Mobile County to recover $9'60 alleged to be due the plaintiffs for interest for the years 1887-1898, inclusive, on a one thousand dollar bond, 'issued by Mobile County, bearing interest at 8 per cent, and payable semi-annually, as evidenced by coupons attached to said bond.

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Appeal from the Circuit Court of Mobile. Tried before tlie Hon. William S. Anderson. R. M. Bands, as administrator of John M. Nardin, deceased, and Tell Nardin, brought this action against Mobile County to recover $9'60 alleged to be due the plaintiffs for interest for the years 1887-1898, inclusive, on a one thousand dollar bond, 'issued by Mobile County, bearing interest at 8 per cent, and payable semi-annually, as evidenced by coupons attached to said bond. The complaint alleged that the said bond and the 24 coupons had been lost or destroyed by accident. The suit was instituted on…

1Opinion of the Court

McCLELLAN, ,C. J.

This action is prosecuted by Tell Nardin and B. M. Sands, as administrator of John Nardin, deceased, against Mobile county on past due-coupons issued with and originally attached to -bond No. 17 of a -series of twenty-five bonds of one thousand dollars each, issued by the county of Mobile under an act of the legislature approved January 24, 1879. The complaint, after -setting forth the cause of action, averred that said bond, and the coupons counted on thereto attached “have been lost -or destroyed by accident, and that the same nor any part thereof have been paid nor…

2Cases cited5 opinions

  1. Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
  2. Reid v. Bank of MobileSupreme Court of Alabama · 1881
  3. Parker v. EdwardsSupreme Court of Alabama · 1887
  4. Edwards v. ParkerSupreme Court of Alabama · 1889
  5. Glassell v. MasonSupreme Court of Alabama · 1858

3Cited by3 opinions

  1. Persons v. SummersSupreme Court of Alabama · 1963
  2. Rodgers v. WalkerAlabama Court of Appeals · 1921
  3. Hughes v. SkidmoreSupreme Court of Alabama · 1934

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