Barbour County v. Clark
Supreme Court of Alabama
Appeal from the City Court of Eufaula. Tried before the Hon. E. M. Keils. This action was brought by James Clark, county treasurer of Barbour, against the appellant as a corporation.
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Appeal from the City Court of Eufaula. Tried before the Hon. E. M. Keils. This action was brought by James Clark, county treasurer of Barbour, against the appellant as a corporation. The complaint contained two counts: the first claiming $1,000, being five per cent, of $20,000 levied and collected by said county, as a special tax, during the year 1871-2, for the purpose of paying the interest on certain county bonds issued in aid of the Vicksburg & Brunswick Railroad, “ which were paid by the tax-collector of said county into the hands of one Whitfield Clark, who was then acting as the…
1Opinion of the CourtPeters, C. J.
This is a suit instituted by the county treasurer of Barbour county, against the county of Barbour, on the 20th day of June, 1873, for the sum of two thousand dollars. The complaint contains two counts. There was a demurrer to each of these counts, which was overruled, and a trial by a jury on a plea to the merits. Upon a charge of the court, which was, in effect, a reaffirmance of the decision of the question raised by the demurrers, there was a verdict for the plaintiff in the court below, for two thousand dollars, and judgment for this sum, and costs. From this the county appeals, and here…
2Cases cited6 opinions
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
- Covington County v. KinneySupreme Court of Alabama · 1871
- Van Eppes v. Comm'rs' Court of MobileSupreme Court of Alabama · 1854
- Barbour County v. HornSupreme Court of Alabama · 1867
- Montgomery County v. BarberSupreme Court of Alabama · 1871
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3Cited by5 opinions
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Board of Revenue & Road Commissioners v. State ex rel. DragoSupreme Court of Alabama · 1911
- Weakley v. HenrySupreme Court of Alabama · 1920
- Walker v. BridgeforthAlabama Court of Appeals · 1913
- Barnes v. HudmanSupreme Court of Alabama · 1877