Opinion

Jefferson County v. State Ex Rel. Carmichael

  • 233 Ala. 148
  • 170 So. 70
  • 1936 Ala. LEXIS 365
Court
Supreme Court of Alabama
Filed
Jun 30, 1936
Status
Published
Author
Foster
On the bench
Anderson, Gardner, Bouldin, Brown, Foster, Knight, Thomas
Cited by
7 cases
Authority
More cited than 75.3%

The opinion

FOSTER, Justice.

This case is similar to that of City of Birmingham v. State (Ala.Sup.) 170 So. 64 ,

1

in respect to the constitutional points there involved and discussed, except that in this case, defendant filed pleas in which it alleged that the county was indebted in excess of the constitutional limit fixed by section 224, Constitution. Demurrer was sustained to these pleas, and the ruling is assigned as error.

All that need be said in answer to the contention is that section 224, Constitution, does not apply to current obligations necessary for governmental operations, required by law to be paid, and necessary for it to continue to function. Brown v. Gay-Padgett Hardware Co., 188 Ala. 423 , 66 So. 161 .

Affirmed.

ANDERSON, C. J., and GARDNER and BOULDIN, JJ., concur.

1

Ante, p. 138.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.