Good Roads Machinery Co. v. Henry County
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Middle District of Alabama; Henry D. Clayton, Judge. Action by the Good Roads Machinery Company against Henry County. There was a judgment for defendant, and plaintiff brings error.
1Per curiam
The main question presented in this case is whether the board of county commissioners of Henry county, Ala., had power to submit the allowance of the plaintiff’s claim to arbitration, and thereby bind the county. The lower court held that the county commissioners had no such power.
With that holding we concur. The authority of the commissioners was limited to the allowance or rejection of the claim. Code Ala. 958; Ex parte Selma & Gulf R. R., 46 Ala. 246; Commissioners’ Court v. Moore, 53 Ala. 25-27; Myers v. Gibson, 147 Ind. 452, 46 N. E. 914. The case seems to have been correctly ruled in…
2Cases cited3 opinions
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Myers v. GibsonIndiana Supreme Court · 1897
- Ex parte Selma & Gulf RailroadSupreme Court of Alabama · 1871