Hand v. Stapleton
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. H. Smith. This is the second appeal in this case. The averments of the bill as originally filed show the following facts: The commissioners appointed by an act of the General Assembly entitled “An act to provide for the removal of the court house seat of Baldwin county, Alabama, from Daphne, in said county, to Bay Minette, in said county,” (Acts of 1900-1901, page 754), raised a subscription of |3,050.00…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. H. Smith. This is the second appeal in this case. The averments of the bill as originally filed show the following facts: The commissioners appointed by an act of the General Assembly entitled “An act to provide for the removal of the court house seat of Baldwin county, Alabama, from Daphne, in said county, to Bay Minette, in said county,” (Acts of 1900-1901, page 754), raised a subscription of |3,050.00 for the construction of the court house, and obtained a deed to a court house site to be made to the county. At its…
1Opinion of the CourtTyson, J.
This is a second appeal; the decision on the former being reported in 135 Ala. 156.
On the return of the case the bill was amended so. as to aver that the condition set out in the tenth section of the act, (Acts, 1900-1, p. 754), under which the courthouse had to be moved, never happened, because the board of commissioners appointed under the act did not ascertain “that the amount to be paid by said county (Baldwin) for building said court house and jail at Bay Minette, in addition to the solvent donations secured, and the amount that can be realized from the sale of the court house and jail…
2Cases cited2 opinions
- South Dakota v. North CarolinaSupreme Court of the United States · 1904
- Hand v. StapletonSupreme Court of Alabama · 1902
3Cited by1 opinion
- Sprague v. FisherOregon Supreme Court · 1948