Legal Opinion

Mayor of Tuskaloosa v. Wright

Supreme Court of Alabama

Decided January 15, 1835PublishedCited by 4 opinions

This ca'se originated dn an action of assumpsit,. brought against the plaintiffs in error, in the Circuit Court of Tuskaloosa. The plaintiff declared, for a certain sum of money, allowed to him by resolution of the corporate authorities of the town of Tuskaloc-sa, in settlement of his- accounts as marshal.

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This ca'se originated dn an action of assumpsit,. brought against the plaintiffs in error, in the Circuit Court of Tuskaloosa. The plaintiff declared, for a certain sum of money, allowed to him by resolution of the corporate authorities of the town of Tuskaloc-sa, in settlement of his- accounts as marshal. The books of the corporation were produced in support of the claim, by which, it appeared, that the sum demanded had been allowed to the plaintiff, as charged in his declaration. The defendants contended, that the resolution had been passed in mistake, and offered to shew by the same books,…

1Opinion of the Court

By Mr. Justice Hitchcock :

This was an action of asáumpsit, brought by the defendant in error against the corporate authorities of the town of Tuskaloosa, to recover the sum of one hundred and eighty dollars and forty three cents, which he claimed; it being the amount allowed him by a resolution of the Board of Mayor and Aider-men, upon a final settlement of his accounts as marshal of the town, and which was dated the 5th of September, 1831. The plaintiff read to the jury the entry of the proceedings of the corporation, as it appeared from the record book of their proceedings. The defendant…

2Cases cited1 opinion

  1. Falls & Smith v. BelknapNew York Supreme Court · 1806

3Cited by4 opinions

  1. McMillan v. AikenSupreme Court of Alabama · 1920
  2. Meriwether v. Crown Investment CorporationSupreme Court of Alabama · 1972
  3. Western Union Tel. Co. v. HawkinsAlabama Court of Appeals · 1915
  4. Reynolds v. MynardNew York Court of Appeals · 1848

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