Mayor of Ensley v. Hollingsworth
Supreme Court of Alabama
(Dowdell, C. J., Sayre and Evans, JJ., dissent in part.) Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by J. E. Hollingsworth & Company against the mayor and aldermen of the city of Ensley. Judgment for plaintiff and defendant appeals.
Read the full summary
(Dowdell, C. J., Sayre and Evans, JJ., dissent in part.) Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by J. E. Hollingsworth & Company against the mayor and aldermen of the city of Ensley. Judgment for plaintiff and defendant appeals. The court erred in sustaining demurrers to plea F, as the law does not permit a public official to enter into binding contracts with official boards of which he is a member. — Wardell v. U. P. R. R. Co., 103 TJ. S. 568; 15 A. & E. Enc. of Law, 975-6, and cases there cited; Abbott’s Mnn. Corp. p. 569-72. The contract was void as…
1Opinion
On Application for Rehearing.
DOWDELL, C. J.
In their brief and argument for a rehearing in this cause counsel say that the point on which we decided the case, namely, that the contract sued on was void, they did not discuss in their original brief, “believing that it was not insisted on,” and now ask for a careful consideration of their brief on this point. It was, however, strenuously insisted on by opposing counsel for appellant in their original brief upon the submission of the cause. They say: “Furthermore, we did not discuss the question, for the reason that it has been prior to the…
2Cases cited22 opinions
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- Cummins v. City of SeymourIndiana Supreme Court · 1881
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- Smith v. . City of AlbanyNew York Court of Appeals · 1875
- Grand Island Gas Co. v. WestNebraska Supreme Court · 1890
17 more not listed; retrieve them via the Exa API.