# Jefferson County v. State Ex Rel. Carmichael

> Supreme Court of Alabama · June 30, 1936 · 233 Ala. 148

URL: https://www.frixlaw.com/law-library/cases/3242858

## Case

- **Full name:** Jefferson County v. State Ex Rel. Carmichael, Atty. Gen.
- **Court:** Supreme Court of Alabama
- **Decided:** June 30, 1936
- **Citations:** 233 Ala. 148; 170 So. 70; 1936 Ala. LEXIS 365
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Foster
- **Judges:** Anderson, Gardner, Bouldin, Brown, Foster, Knight, Thomas
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3242858

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3242858. Public record. Not legal advice.