Salter v. Ivey

34 Ala. 557
Supreme Court of Alabama·Decided June 15, 1859·Published·Cited by 2 cases

Opinion

R. W. "WALKER, J.

The proceedings in this case were exceedingly informal. But we think it sufficiently appears that this was intended as a prosecution, under section 1172 of the Code, by the apportioner, in the name of, and for the benefit of the county. In such a case, the apportioner who makes the return, and on whose complaint the summons is issued, ought not to be held responsible for the costs.

Judgment affirmed.

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Salter v. Ivey, 34 Ala. 557 (Ala. 1859).

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State Ex Rel. Holcombe v. Stone
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133 So. 907 (Supreme Court of Alabama, 1931)