Marengo County v. Lyles

Supreme Court of Alabama

Marengo County v. Lyles

101 Ala. 423

Supreme Court of Alabama·Decided November 15, 1893·Published·Cited by 6 cases

Opinion

PER CURIAM.

It is the opinion of the court that the plaintiff has misconceived his remedy. He should first have presented his claim to the court of county commissioners, asking for the payment thereof; and upon their refusal to allow his said claim, he should then have asked for a mandamus, directed to said court of county commissioners, commanding them to make such appropriation as would be just and proper in the premises.

Reversed and rendered.

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PER CURIAM.

It is the opinion of the court that the plaintiff has misconceived his remedy. He should first have presented his claim to the court of county commissioners, asking for the payment thereof; and upon their refusal to allow his said claim, he should then have asked for a mandamus, directed to said court of county commissioners, commanding them to make such appropriation as would be just and proper in the premises.

Reversed and rendered.

Marengo County v. Lyles, 101 Ala. 423 (Ala. 1893).

Pincite

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Opinion

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