Ellis v. Batson
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Frank H. Ellis against J. P. Batson for damages. Judgment for defendant, and plaintiff appeals.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Frank H. Ellis against J. P. Batson for damages. Judgment for defendant, and plaintiff appeals. Tbe gravamen of tbe complaint is that plaintiff was ■ elected treasurer of Coosa county in 1904, and again in 1908, and tliat be assumed and discharged tbe duties of bis office until about March 15, 1910, when be was compelled to resign; that defendant was one of bis bondsmen, and that be procured tbe defendant for a valuable consideration, the defendant being at that time a banker and residing at the county seat, to keep…
1Opinion of the CourtAnderson, J.
Section 211 of the Code of 1907, in declaring the duties of a county treasurer, among other things, says: “It is the duty of the county treasurer— (1) To receive and keep the money of the county and to disburse the same according to law.” This is an imperative and nondelegable duty, and any breach of same is a violation of law. — Section 7485 of the Code of 1907. Construing the complaint, counts 1, 2, and 3, most strongly against the pleader on demurrer, we are of the opinion that the contract upon which the plaintiff’s action is grounded directly contravenes the statute, and is therefore…
2Cases cited12 opinions
- Higgins v. McCreaSupreme Court of the United States · 1886
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Alston v. StateSupreme Court of Alabama · 1890
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cooper v. JohnstonSupreme Court of Alabama · 1969
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
- Marx v. LiningSupreme Court of Alabama · 1935
- Greil Bros. Co. v. McLainSupreme Court of Alabama · 1916
- Bankers & Shippers Ins. Co. of NY v. BlackwellSupreme Court of Alabama · 1951
23 more not listed; retrieve them via the Exa API.