Town of Clanton v. Chilton County
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Action by Chilton County against the Town of Clanton on a contract for street improvement. Judgment for plaintiff, and defendant appeals. The county had no authority to apply its funds derived from that source to the improvement of the streets of a town. Section 215, Const. 1901; 172 Ala. 138, 54 South. 757; 54 South. 763; 173 Ala. 442, 56 South. 131, 274, Ann.
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Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Action by Chilton County against the Town of Clanton on a contract for street improvement. Judgment for plaintiff, and defendant appeals. The county had no authority to apply its funds derived from that source to the improvement of the streets of a town. Section 215, Const. 1901; 172 Ala. 138, 54 South. 757; 54 South. 763; 173 Ala. 442, 56 South. 131, 274, Ann. Cas. 1914A, 771; 176 Ala. 605, 58 South. 252; 176 Ala. 609, 58 South. 253; 195 Ala. 214, 70 South. 275. To bind a municipality by an express contract, the contract must…
1Opinion of the CourtMcCLELLAN, J.
The county of Chilton obtained the judgment appealed from against the town of Clanton (appellant) on the theory that the town was due the county the sum adjudicated in consequence of the fact that the county had, through the county’s road con tractor, improved a street in the town — A street that connected at the corporate limits of the town with a cross-county highway then being built by the county. It appears that the source of the money wherewith it was contemplated the improvement of this street in Clanton was to be paid for was “interest-bearing” warrants issued by the county against the…
2Cases cited9 opinions
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- City of Mobile v. Mobile Electric Co.Supreme Court of Alabama · 1919
- City of Greenville v. Greenville Water Works Co.Supreme Court of Alabama · 1899
- Alabama City, G. & A. Ry. Co. v. City of GadsdenSupreme Court of Alabama · 1913
- Aarnes v. WindhamSupreme Court of Alabama · 1902
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3Cited by8 opinions
- Greeson Mfg. Co. v. County Board of EducationSupreme Court of Alabama · 1928
- Garner v. StateSupreme Court of Alabama · 1934
- Kimbrell v. City of BessemerSupreme Court of Alabama · 1980
- Leonard v. TALBERTSupreme Court of South Carolina · 1952
- City of Gadsden v. JonesSupreme Court of Alabama · 1933
3 more not listed; retrieve them via the Exa API.