Bilbro v. Drakeford
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Jas. E. Cobb. The appellee commenced this action against John B. Bilbro, who is the county treasurer of Macon county; to recover damages for the failure of Bilbro to pay certain claims against the fine and forfeiture fund of Macon county, when he had in his possession sufficient money belonging to that fund to pay the claims of plaintiff and all those haying priority over his.
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Appeal from the Circuit Court of Macon. Tried before the Hon. Jas. E. Cobb. The appellee commenced this action against John B. Bilbro, who is the county treasurer of Macon county; to recover damages for the failure of Bilbro to pay certain claims against the fine and forfeiture fund of Macon county, when he had in his possession sufficient money belonging to that fund to pay the claims of plaintiff and all those haying priority over his. On the trial, the plaintiff read in evidence a witness certificate issued to a State witness for attendance upon the trial of a prisoner in the Circuit…
1Opinion of the CourtClopton, J.
It appears from the record there was an agreement, that if the claims offered in evidence by the defendants were valid claims on the fine and forfeiture fund, judgment should be rendered for the defendants, and if invalid, judgment should be rendered for the plaintiff. We construe this as a waiver of any objection to the claim of the plaintiff. But, as we may misunderstand the extent of the agreement, it is proper to say, that the clerk is required to certify that the costs are not imposed on the prosecutor, only in cases where there is a prosecutor. If there be no prosecutor, a certificate…
2Cases cited1 opinion
- Guice v. ThorntonSupreme Court of Alabama · 1884
3Cited by9 opinions
- Kyle v. WardSupreme Court of Alabama · 1886
- Chatman v. Pizitz, Inc.Supreme Court of Alabama · 1983
- Cabler v. Mobile CountySupreme Court of Alabama · 1935
- Dorrough v. MacKensonSupreme Court of Alabama · 1936
- Kilgore v. SwindleSupreme Court of Alabama · 1929
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