Shinbone v. Randolph County
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. John Henderson. This action was brought by Zimri Shinbone, against Randolph county, as a corporation; was commenced on the 31st January, 1876, and was founded on three several coupons, attached to bonds issued by the county, which were in the following words : “State of Alabama, County of Randolph.
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Appeal from the Circuit Court of Randolph. Tried before the Hon. John Henderson. This action was brought by Zimri Shinbone, against Randolph county, as a corporation; was commenced on the 31st January, 1876, and was founded on three several coupons, attached to bonds issued by the county, which were in the following words : “State of Alabama, County of Randolph. Forty dollars will be due and payable the first day of July, 1870, at the agency of Eufaula, Opelika, Oxford, and Guntersville R. R. Co., in the city of New York; being six months’ interest on bond No. 20, for $1,000, issued by said…
1Opinion of the CourtBeickell, C. J.
The material question of this case has been so often passed upon by this court, that it must be regarded as definitely settled. That question is, the liability of a county to an ordinary civil action, founded on a contract, which has not been presented to, and disallowed in whole or in part, by the Court of County Commissioners, *185Prior to the Code of 1852, counties were not subject to suit. If debts were contracted by the authorities of the county, they were payable only from the treasury of the county; and the treasury was supplied, by taxation levied by the Commissioners’ Court, with funds…
2Cases cited4 opinions
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Autauga County v. DavisSupreme Court of Alabama · 1858
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
- Covington County v. DunklinSupreme Court of Alabama · 1875
3Cited by16 opinions
- County of Greene v. DanielSupreme Court of the United States · 1880
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- City of Birmingham v. PrickettSupreme Court of Alabama · 1921
- Calhoun County v. WatsonSupreme Court of Alabama · 1907
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
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