Caldwell v. Dunklin
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. J. W. Posey, an attorney of the court, as special judge, selected by the parties on account of the incompetency from interest of the presiding judge.
1Opinion of the CourtBrickell, C. J.
— This is a summary proceeding under the statute, which reads thus : “ If any county treasurer fails, on demand, to pay an allowed claim against the county, when there are funds in the treasury to pay the same, judgment may be obtained against him and his sureties^ or any or either of them, having five days’ notice, by motion in the name of the party to whom the claim is payable, his legal representatives, or assigns, for the amount of the claim, with interest from the demand, ten per-cent, damages and costs.” — Code, § 3395.
It is a well-settled rule, that statutes of this character,…
2Cases cited8 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Commissioners Court v. RatherSupreme Court of Alabama · 1872
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
- Shinbone v. Randolph CountySupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Compton v. Marengo County BankSupreme Court of Alabama · 1919
- Stickney v. MooreSupreme Court of Alabama · 1895
- Elmore County Com'n v. RagonaSupreme Court of Alabama · 1990
- Commissioners Court Tuscaloosa Co. v. State ex rel. City of TuscaloosaSupreme Court of Alabama · 1913
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
4 more not listed; retrieve them via the Exa API.