Legal Opinion

Schroeder v. Colbert County

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 16 opinions

Appeal from the Circuit Court of Colbert. Tried before the Hon. W. B. Wood. This action was brought by Adam C. Shroeder against Colbert county, as a corporation, to recover damages for injuries sustained by his wife and son from the falling of a public bridge; and was commenced on the 19th February, 1878. Tbe amended complaint, which was filed by leave of the court, and to which a demurrer was sustained, was iu these words : “ Plaintiff claims of defendant $550 as damages,…

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Appeal from the Circuit Court of Colbert. Tried before the Hon. W. B. Wood. This action was brought by Adam C. Shroeder against Colbert county, as a corporation, to recover damages for injuries sustained by his wife and son from the falling of a public bridge; and was commenced on the 19th February, 1878. Tbe amended complaint, which was filed by leave of the court, and to which a demurrer was sustained, was iu these words : “ Plaintiff claims of defendant $550 as damages, for •injuries sustained by him by reason of a defect iu a free bridge, constructed by contract with tbe Court of County'…

1Per curiam

Suits caunot, generally, be maintained against a county, until the claim or demand has been, within the period prescribed by the statute (Code of 1876, § 832), presented to the Commissioners Court of the county, and disallowed in whole or in part. — Code of 1876, § 2903. A claim against the county, for damages sustained from the falling of a public bridge, is of the class which must be presented to the Court of County Commissioners for allowance, before it can be made the subject of suit.—Barbour County v. Horn, 41 Ala. 114. The Court of County Commissioners is prohibited from passing upon or…

2Cases cited1 opinion

  1. Barbour County v. HornSupreme Court of Alabama · 1867

3Cited by16 opinions

  1. Barrett v. City of MobileSupreme Court of Alabama · 1900
  2. Board of Com'rs of Rogers County v. BaxterSupreme Court of Oklahoma · 1925
  3. Jones v. Jefferson CountySupreme Court of Alabama · 1920
  4. Moore v. StephensSupreme Court of Alabama · 1956
  5. City of Birmingham v. PrickettSupreme Court of Alabama · 1921

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