Coleman v. Town of Hartford
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by R. P. Coleman and others against the Town of Hartford. From a judgment for defendant, plaintiffs appeal. The action is for attorney’s fees alleged to have been rendered to the said town. The evidence showed that the mayor during the time stated called upon the appellant for legal advice pertaining to the municipal affairs of the town, and shows what services were performed.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by R. P. Coleman and others against the Town of Hartford. From a judgment for defendant, plaintiffs appeal. The action is for attorney’s fees alleged to have been rendered to the said town. The evidence showed that the mayor during the time stated called upon the appellant for legal advice pertaining to the municipal affairs of the town, and shows what services were performed. It further shows that appellant presented an account of $45, including the item set up here and $10 for prepar-. ing ordinances, and that .the…
1Opinion of the CourtAnderson, J.
— -“Unless otherwise specifically provided by law, the power to make municipal contracts resides in the council as the general governing body of the corporation.” 28 Cyc. 643. The mayor, although the nominal and official head of the municipality, has no power to bind the corporation by written or oral contract, unless he has been duly authorized by the governing body or by the state. —28 Cyc. 647. In the case of Carroll v. St. Louis, 12 Mo. 444, it was held that the *552city was not liable for the services of an attorney appointed by the mayor, because the mayor had no authority to appoint him.…
2Cases cited2 opinions
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
- Carroll v. City of St. LouisSupreme Court of Missouri · 1849
3Cited by9 opinions
- Board of Education of Escambia County v. WattsAlabama Court of Appeals · 1922
- Garner v. StateSupreme Court of Alabama · 1934
- City of Gadsden v. JonesSupreme Court of Alabama · 1933
- Reid v. City of MobileSupreme Court of Alabama · 1925
- Hamilton v. City of AnnistonSupreme Court of Alabama · 1947
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