Good Roads Machinery Co. v. Henry County

Fifth Circuit

Good Roads Machinery Co. v. Henry County

236 F. 730, 150 C.C.A. 62, 1916 U.S. App. LEXIS 2335

Court of Appeals for the Fifth Circuit·Decided October 31, 1916·No. No. 2987·Published

Opinion

PER CURIAM.

The main question presented in this case is whether the board of county commissioners of Henry county, Ala., had power to submit the allowance of the plaintiff’s claim to arbitration, and thereby bind the county. The lower court held that the county commissioners had no such power.

With that holding we concur. The authority of the commissioners was limited to the allowance or rejection of the claim. Code Ala. 958; Ex parte Selma & Gulf R. R., 46 Ala. 246; Commissioners’ Court v. Moore, 53 Ala. 25-27; Myers v. Gibson, 147 Ind. 452, 46 N. E. 914. The case seems to have been correctly ruled in the trial court, and we find no reversible error in the record.

Judgment affirmed.

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PER CURIAM.

The main question presented in this case is whether the board of county commissioners of Henry county, Ala., had power to submit the allowance of the plaintiff’s claim to arbitration, and thereby bind the county. The lower court held that the county commissioners had no such power.

With that holding we concur. The authority of the commissioners was limited to the allowance or rejection of the claim. Code Ala. 958; Ex parte Selma & Gulf R. R., 46 Ala. 246; Commissioners’ Court v. Moore, 53 Ala. 25-27; Myers v. Gibson, 147 Ind. 452, 46 N. E. 914. The case seems to have been correctly ruled in the trial court, and we find no reversible error in the record.

Judgment affirmed.

Good Roads Machinery Co. v. Henry County, 236 F. 730, 150 C.C.A. 62, 1916 U.S. App. LEXIS 2335 (5th Cir. 1916).

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Opinion

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