Mayor of Birmingham v. Rumsey & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mud:d. This action was brought by Rumsey & Co., against the mayor and aldermen of the city of Birmingham, to recover the sum of $1619.75, the agreed price of a fire-engine, hose carriage, On these facts, and others stated in the bili of exceptions, the court gave the following charges to the jury, which were in writing: “1. That if the jury shall believe from the evidence that, in the month of August,…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mud:d. This action was brought by Rumsey & Co., against the mayor and aldermen of the city of Birmingham, to recover the sum of $1619.75, the agreed price of a fire-engine, hose carriage, On these facts, and others stated in the bili of exceptions, the court gave the following charges to the jury, which were in writing: “1. That if the jury shall believe from the evidence that, in the month of August, 1872, the mayor and aldermen of the city of Birmingham ordered from the plaintiffs a fire-engine, two hose-carriages,…
1Opinion of the CourtStone, J.
In the court below there was a general exception to the three charges, numbered 1, 2, and 4. Under a uniform rule, this exception can not avail, unless each of the charges is tainted with error. We are not prepared to say there is error in either of them. The first is clearly free from error. It asserts, that the corporate authorities of the city of Birmingham had power as such to purchase á fire-engine, hose-carriages and attachments, and thereby fasten a legal charge or liability on the city. It is contended for appellant, that, at the time this contract was entered into, the corporate…
2Cases cited1 opinion
- Robinson v. City of St. LouisSupreme Court of Missouri · 1859
3Cited by12 opinions
- Little River Bank & Trust Co. v. JohnsonSupreme Court of Florida · 1932
- Equitable Loan & Security Co. v. Town of EdwardsvilleSupreme Court of Alabama · 1905
- Ellis v. Pratt CitySupreme Court of Alabama · 1895
- Hughes v. Commissioners of Craven CountySupreme Court of North Carolina · 1890
- Murphree v. City of MobileSupreme Court of Alabama · 1895
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