Legal Opinion

Mobile County v. Kimball & Slaughter

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 6 opinions

Appeal from the Chancery Court of Mobile. Heard before Hon. Adam C- Felder.. The opinion states the facts. That the county is liable for the outstanding bonds is admitted; but here its liability in connection with tbe barbor improvement ceases. The county is by statute a municipal corporation. The county commissioners are a quasi political corporation. — Ang. & Ames on Corp., §§ 14, 23. Their ordinary duties and powers are defined by statute.

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Appeal from the Chancery Court of Mobile. Heard before Hon. Adam C- Felder.. The opinion states the facts. That the county is liable for the outstanding bonds is admitted; but here its liability in connection with tbe barbor improvement ceases. The county is by statute a municipal corporation. The county commissioners are a quasi political corporation. — Ang. & Ames on Corp., §§ 14, 23. Their ordinary duties and powers are defined by statute. Their relation to the harbor board was special. _ Their duty in respect to the latter was such only as was imposed by the statute, and did not extend…

1Opinion of the CourtManning, J.

By an act of February 16th, 1867, the general assembly of Alabama provided that a “ board for the improvement of the river, harbor and bay of Mobile,”* commonly called “ the harbor board,” should be constituted as therein set forth. The persons composing it were not elected by the people of Mobile county, though one of them was the president of its court of county commissioners of revenue. By section two it was further enacted, “ That the president and commissioners of revenue of Mobile county are hereby required to issue bonds for the amount of one million of dollars, to be issued and made…

2Cases cited3 opinions

  1. President & Commissioners of Revenue v. State ex rel. Board for Improvement of HarborSupreme Court of Alabama · 1871
  2. People ex rel. Frick v. JacksonCalifornia Supreme Court · 1866
  3. St. Martin v. City of New OrleansSupreme Court of Louisiana · 1859

3Cited by6 opinions

  1. Kimmons v. Jefferson County Board of EducationSupreme Court of Alabama · 1920
  2. Espalla v. Richard & SonsSupreme Court of Alabama · 1891
  3. Board of Education of Escambia County v. WattsAlabama Court of Appeals · 1922
  4. Slaughter v. Mobile CountySupreme Court of Alabama · 1882
  5. Broughton v. WimberlySupreme Court of Alabama · 1880

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