Bibb County v. Ward
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard, before Hon. B. M. Miller. Action by Ernest Ward by his next friend against Bibb county to recover of the county the difference between the rate per day of his sentence for cost and the contract rate at which the county hired him, he having performed full time. Judgment for plaintiff and defendant appeals.
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Appeal from Bibb Circuit Court. Heard, before Hon. B. M. Miller. Action by Ernest Ward by his next friend against Bibb county to recover of the county the difference between the rate per day of his sentence for cost and the contract rate at which the county hired him, he having performed full time. Judgment for plaintiff and defendant appeals. The sentence was, under the statute, required to- specify the amount, number of days, and sum allowed for each day and the judgment had to follow the law. — Sec. 5426, Code 1896: Evcms v. The State, 109 Ala. 11. The plaintiff was without right to…
1Opinion of the CourtDowdell, C. J.
This case was tried in the circuit court on an agreed statement of the facts. The court gave the general affirmative charge for the plaintiff, and refused a like charge to the defendant. The only two assignments of error on the record are based on these rulings of the court.
The appellee, plaintiff in the case, sued the county of Bibb in assumpsit “for money had and received for the use and benefit of the plaintiff.” The money claimed in this action was proceeds arising from the hard-labor sendee of the plaintiff under conviction for misdemeanor and sentence to work out the costs .of…
2Cases cited2 opinions
- Ex parte StateSupreme Court of Alabama · 1889
- Moore v. StateSupreme Court of Alabama · 1907