Comer v. Bankhead
Supreme Court of Alabama
Appear from the Chancery Court of Elinore. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 6th June, 1881, by John W. Comer, against John II.
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Appear from the Chancery Court of Elinore. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 6th June, 1881, by John W. Comer, against John II. Bankhead, the warden of the State penitentiary, and the successor in office of John G. Bass, former warden, and sought to specifically enforce a written contract between the said Comer and Bass, entered into and dated tlie 22d December, 1880, and approved by the governor in bis official capacity; and to enjoin the defendant, as warden, from hiring or delivering convicts to any other person, and especially to one Thornton, iri…
1Opinion of the CourtSomerville, J.
On December 22,1880, John G. Bass, warden of the Alabama State Penitentiary, executed a written contract with the appellant, Comer, in which he agreed, “ as such warden, and by virtue of authority vested in him by law,” to hire out and deliver to appellant, under such contract of hiring, certain convicts sentenced to imprisonment in said penitentiary. This contract, with its various stipulations and conditions, not necessary to be here mentioned, was duly approved by the Governor of the State, in his official capacity, as autliorized by law. Bass continued to be warden until on or about March…
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