Scarbrough v. Watson
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. John Pelham. This proceeding was instituted by the appellee, I. E. Watson, filing a petition addressed to the Judge of the Seventh Judicial Circuit, in which he averred that he was Clerk of the Circuit Court of Calhoun county; that he had presented to the commissioners court of said county an itemized account for $104, for copying the minutes of the circuit court for the year 1902, and that said account had been…
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. John Pelham. This proceeding was instituted by the appellee, I. E. Watson, filing a petition addressed to the Judge of the Seventh Judicial Circuit, in which he averred that he was Clerk of the Circuit Court of Calhoun county; that he had presented to the commissioners court of said county an itemized account for $104, for copying the minutes of the circuit court for the year 1902, and that said account had been disallowed. The petitioner prayed for a writ of mandamus to be issued, addressed to the respondents who were members of…
1Opinion of the CourtMoCLELLAN, C. J.
A claim against a county cannot be sued and recovered on unless it has been presented to the commissioner’s court and been disallowed by that body; and the complaint must aver such presentation and disallowance.—Code, 1896, § 13; Shinbone v. Randolph, 56 Ala. 183; Schroeder v. Colbert County, 66 Ala. 137.
Recovery cannot be had in such cases on the common counts, no averment of presentation and disallowance being added. Hence it is that the case of Marengo County v. Lyles, 101 Ala. 423, was properly decided; but what is there said as to plaintiff’s remedy being by mandamus is a dictum,…
2Cases cited3 opinions
- Schroeder v. Colbert CountySupreme Court of Alabama · 1880
- Shinbone v. Randolph CountySupreme Court of Alabama · 1876
- Marengo County v. LylesSupreme Court of Alabama · 1893
3Cited by10 opinions
- Comer v. Age Herald Publishing Co.Supreme Court of Alabama · 1907
- National Bank of Boaz v. Marshall CountySupreme Court of Alabama · 1934
- Rice v. Tuscaloosa CountySupreme Court of Alabama · 1941
- Jeter v. Montgomery CountyDistrict Court, M.D. Alabama · 2007
- Jefferson County v. O'GaraSupreme Court of Alabama · 1939
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