Covington County v. Dunklin
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before Hon. J. MoCaleb Wiles'. The opinion sufficiently states the facts. Marshall County v. Jackson County (36 Ala. 613), although virtually overruled by Randolph County v. Baldwin (46 Ala. 397), is sound law, and ought to be reinstated. Randolph County v. Baldwin (46 Ala. 397) overrules the former decisions.
1Opinion of the CourtBrickell, C. J.
The question which seems from the record to be decisive of this cause, was presented by the demurrer to the special count, averring the cause of action to be a claim against the county, which had been audited and allowed by the court of county commissioners. That question was before the court in the case of Marshall County v. Jackson County (36 Ala. 613), and after careful consideration, it was declared such a claim was not the subject of a suit against the . county. The statutes do not permit any other decision. Counties are not subjected to a general liability to suit. The cases in which…
2Cases cited3 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
- Randolph County v. HutchinsSupreme Court of Alabama · 1871
3Cited by5 opinions
- Board of Directors v. Bodkin Bros.Tennessee Supreme Court · 1902
- State ex rel. Clark v. Board of County CommissionersNebraska Supreme Court · 1877
- Norwood v. GoldsmithSupreme Court of Alabama · 1910
- Shinbone v. Randolph CountySupreme Court of Alabama · 1876
- Caldwell v. DunklinSupreme Court of Alabama · 1880