Montgomery County v. City of Montgomery
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by the county of Montgomery against the city of Montgomery to recover money paid to the city by the county as a portion of the road fund going to the city under a supposed statutory authority. From a judgment overruling its demurrer to defendant’s plea of non claim, plaintiff appeals.
1Opinion of the CourtThomas, J.
This is an appeal from the judgment of the circuit court, overruling the demurrer to plea 8, which set up the statute of nonclaim, as provided by section 1191 of the Code. The statute is as follows: “All claims against the municipality (except bonds and interest coupons and claims for damages) shall be presented to the clerk for payment within two years from the accrual of said claim, or shall be barred; claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred.”
The question is whether this statute has application, and whether it…
2Cases cited37 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Metropolitan Railroad v. District of ColumbiaSupreme Court of the United States · 1889
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
- United States v. VanzandtSupreme Court of the United States · 1826
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3Cited by10 opinions
- Rice v. Tuscaloosa CountySupreme Court of Alabama · 1941
- Covington County v. O'NealSupreme Court of Alabama · 1939
- State v. Acacia Mut. Life Ass'nSupreme Court of Alabama · 1926
- Webb v. City of DemopolisCourt of Civil Appeals of Alabama · 2008
- Brown v. BushSupreme Court of Alabama · 1929
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