James v. Conecuh County
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. John P. Hubbard. This action was brought in the name of Conecuh County, against C. S. James, S. E. James, and J. P. Howard ; was commenced on the 14th May, 1884, and was founded on a penal bond executed by said defendants, payable to the plaintiff, which was dated February 23d, 1880, and conditioned as follows: “ Whereas the said O. S. James did, on the 6th day of December, 1879, contract to build, and did…
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. John P. Hubbard. This action was brought in the name of Conecuh County, against C. S. James, S. E. James, and J. P. Howard ; was commenced on the 14th May, 1884, and was founded on a penal bond executed by said defendants, payable to the plaintiff, which was dated February 23d, 1880, and conditioned as follows: “ Whereas the said O. S. James did, on the 6th day of December, 1879, contract to build, and did build, for the use of Conecuh county, a bridge across Murder Creek, known as the Perryman bridge, which was received by the…
1Opinion of the CourtOlopton, J.
The action is brought on a bond conditioned to keep a bridge, erected by contract with the County Commissioners, in good repair for the safe passage of travellers and others for a period of live years from February 18th, 1880. The defendants insist, that unless the unsafe condition of the bridge is made known to the court of County Commissioners by a freeholder of the county, as provided by section 1693 of the Code, that court is without authority to notify the contractor to repair it, and to order suit on the bond in case of his refusal or neglect to do so in a reasonable time ; in other…
2Cases cited2 opinions
- Jack v. MooreSupreme Court of Alabama · 1880
- Barbour County v. HornSupreme Court of Alabama · 1867
3Cited by4 opinions
- Meriwether v. Lowndes CountySupreme Court of Alabama · 1889
- Tuscaloosa County v. Jim Thomas Forestry Consultants, Inc.Supreme Court of Alabama · 1992
- Stone v. State Ex Rel. HornSupreme Court of Alabama · 1948
- Yeilding v. State Ex Rel. WilkinsonSupreme Court of Alabama · 1936