Legal Opinion

Montgomery County v. Barber

Supreme Court of Alabama

Decided January 15, 1871PublishedCited by 10 opinions

Appeal from Circuit Court of Montgomery, Tried before Hon. James Q. Smith. , The complaint in this case was as follows: “ Robert Barber, as sheriff of The plaintiff, as sheriff Montgomery county, I as aforesaid, claims of ■vs. ¡-tbe defendant fifty dolMontgomery county, Alabama, I lars, due by account, [ a corporation.

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Appeal from Circuit Court of Montgomery, Tried before Hon. James Q. Smith. , The complaint in this case was as follows: “ Robert Barber, as sheriff of The plaintiff, as sheriff Montgomery county, I as aforesaid, claims of ■vs. ¡-tbe defendant fifty dolMontgomery county, Alabama, I lars, due by account, [ a corporation. J April 6, 1869, for work 8-nd labor done^and performed, and for services rendered by the plaintiff for the defendant, at its request, in the months of March and April, 1869; a like sum for summoning and paying a necessary guard to prevent the escape of prisoners from the jail…

1Opinion of the CourtPeck, C. J.

Counties in Alabama are corporations. Section 897, Revised Code, declares, “ every county which has been, or may be hereafter established in this State, is a body corporate, and with power to sue or be sued in any court of record.”

As to all matters and things that properly appertain to a county, they have the same powers to contract and be contracted with as individuals.

*243County buildings are to be erected and kept in order and repair at the expense of the county, under the direction of the court of county commissioners, which court is 'authorized to make all necessary contracts- for that…

2Cases cited2 opinions

  1. Hooks v. SmithSupreme Court of Alabama · 1850
  2. Ferguson v. Baber's Adm'rsSupreme Court of Alabama · 1854

3Cited by10 opinions

  1. Lucas v. PittmanSupreme Court of Alabama · 1891
  2. City of Mobile v. Mobile Electric Co.Supreme Court of Alabama · 1919
  3. Ex parte WileySupreme Court of Alabama · 1875
  4. Long v. Pierce CountyWashington Supreme Court · 1900
  5. Lowndes County v. HunterSupreme Court of Alabama · 1873

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