Perryman v. City of Greenville
Supreme Court of Alabama
Appeal from the Criminal Court of Butler. Tried before the- Hon. W. H. Crenshaw. This action was brought by the appellee against W. D. Perryman and others, and was founded on the official bond of said Perryman as town marshal of Greenville, which was dated the 18th January, 1870, and conditioned as follows : “ The conditions of the above obligation are, that whereas the above bound Walter D. Perryman has been appointed marshal of the town of Greenville, Butler county,…
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Appeal from the Criminal Court of Butler. Tried before the- Hon. W. H. Crenshaw. This action was brought by the appellee against W. D. Perryman and others, and was founded on the official bond of said Perryman as town marshal of Greenville, which was dated the 18th January, 1870, and conditioned as follows : “ The conditions of the above obligation are, that whereas the above bound Walter D. Perryman has been appointed marshal of the town of Greenville, Butler county, Alabama, by the said corporate authorities, on the 10th day of January, A. D. 1870; now, therefore, the condition of the above…
1Opinion of the CourtBrickell, J.
The city of Greenville was incorporated ny a public statute, approved February 15, 1867, Pamph. Acts 1866-67, p. 464. Courts are bound to take judicial notice of the charter granted a municipal corporation, by the legislative power of the State, and of the authority it confers. Case v. Mayor of Mobile, 30 Ala. 538; Smoot v. Mayor of Wetumpka, 24 Ala. 112. In pleading, it is not necessary to aver facts, of which the court takes judicial notice. The complaint was not, of consequence, demurrable, because it did not aver by what statute the city had authority to enter into the contract on which…
2Cases cited5 opinions
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- Boring v. WilliamsSupreme Court of Alabama · 1850
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- Thompson v. StickneySupreme Court of Alabama · 1844
3Cited by27 opinions
- City of Greenville v. Greenville Water Works Co.Supreme Court of Alabama · 1899
- Alabama City, G. & A. Ry. Co. v. City of GadsdenSupreme Court of Alabama · 1913
- Moon v. HinesSupreme Court of Alabama · 1921
- State Ex Rel. Glenn v. WilkinsonSupreme Court of Alabama · 1929
- Crenshaw County v. SikesSupreme Court of Alabama · 1896
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