Marshall County v. Jackson County
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the TIou. S. D. Hale. The complaint in this case was as follows: “The County of Jackson v The plaintiff claims of the vs. • Vdefendant three hundred and The County of Marshall, j fifty-eight dollars, due to plaintiff by the judgment of the commissioners’ court of Marshall county, rendered at .the August term, 1842, whereby a claim in favor of plaintiff, and against defendant, for said sum of three hundred and…
Read the full summary
Appeal from the Circuit Court of Marshall. Tried before the TIou. S. D. Hale. The complaint in this case was as follows: “The County of Jackson v The plaintiff claims of the vs. • Vdefendant three hundred and The County of Marshall, j fifty-eight dollars, due to plaintiff by the judgment of the commissioners’ court of Marshall county, rendered at .the August term, 1842, whereby a claim in favor of plaintiff, and against defendant, for said sum of three hundred and fifty-eight dollars, was allowed, and ordered to be paid; which .said judgment, with interest thereon, is due and unpaid.” The…
1Opinion of the CourtA. J. Walker, C. J.
Counties are by the Code made bodies corporate, with capacity to sue and be sued; but upon the liability to be sued there is this restriction, that no suit shall be brought against a county until the claim or demand has been presented, within a prescribed time, to the court of county commissioners, and has been by such court either disallowed, or reduced and refused by the party. — Code, §§ 763, 775, 2141. The statute, in language which seems incapable of being made plainer by argument or illustration, requires, as a condition precedent to the maintenance of a suit against a county, that the…
2Cases cited1 opinion
- Boring v. WilliamsSupreme Court of Alabama · 1850
3Cited by17 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Jones v. Jefferson CountySupreme Court of Alabama · 1920
- Norwood v. GoldsmithSupreme Court of Alabama · 1910
- Williams v. McMillanSupreme Court of Alabama · 1977
12 more not listed; retrieve them via the Exa API.