Good Roads Machinery Co. v. Henry County
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.
Opinion
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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Cite This Page — Counsel Stack
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.