Good Roads Machinery Co. v. Henry County

236 F. 730, 150 C.C.A. 62, 1916 U.S. App. LEXIS 2335
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 31, 1916
DocketNo. 2987
StatusPublished

This text of 236 F. 730 (Good Roads Machinery Co. v. Henry County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Related

Ex parte Selma & Gulf Railroad
46 Ala. 230 (Supreme Court of Alabama, 1871)
Commissioners' Court v. Moore
53 Ala. 25 (Supreme Court of Alabama, 1875)
Myers v. Gibson
46 N.E. 914 (Indiana Supreme Court, 1897)

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Bluebook (online)
236 F. 730, 150 C.C.A. 62, 1916 U.S. App. LEXIS 2335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/good-roads-machinery-co-v-henry-county-ca5-1916.