Thomason v. Court of County Com'rs

CourtSupreme Court of Alabama
Writing for the CourtDOWDELL, C.J.
Citation184 Ala. 28,63 So. 87
Decision Date30 June 1913
PartiesTHOMASON v. COURT OF COUNTY COM'RS et al.

63 So. 87

184 Ala. 28

THOMASON
v.
COURT OF COUNTY COM'RS et al.

Supreme Court of Alabama

June 30, 1913


Appeal from Chancery Court, Marshall County; W.H. Simpson, Chancellor.

Action by James M. Thomason against the Court of County Commissioners and others. From a judgment for the defendants, plaintiff appeals. Affirmed.

The order calling the election is as follows: "It is ordered by the court that an election is hereby called to be held at the several precincts of the county at the regular voting places in such several precincts; said election is hereby ordered to be held on the 31st day of March, 1913, for the determination by the voters of the county whether or not this court shall issue bonds in behalf of the county for the purpose of constructing, improving, and repairing the public roads of the county, the amount of the bonds to be issued to be $130,000, the maximum rate of interest to be paid to be 5 per cent., and the bonds to run for a period of 30 years, and not to be sold for less than face value." The notice followed the order calling the election. The ballot is as follows:

OFFICIAL BALLOT.

Vote for One.

[ ] For Road Bond Issue.

[ ] Against Road Bond Issue.

John A. Lusk & Son, of Guntersville, for appellant.

Street & Isbell and Mack Killcrease, all of Guntersville, for appellees.

DOWDELL, C.J.

This is a bill by a taxpayer to enjoin the issuance of bonds for the purpose of constructing, "repairing, and improving" public roads in the county of Marshall. The temporary injunction prayed for was denied and a demurrer sustained to the bill. From this action of the court, the present appeal is prosecuted.

Only two questions are presented by the record for our consideration. The first is that the ballot furnished failed to meet the requirements of the law in stating the character of the bonds to be voted for. The second is that the order for, as well as the notice of, the election contained provisions not authorized by law, that is, for repairing and improving, as well as for constructing; the order being for "constructing, repairing, and improving" the public roads of said county. In all other respects it is not denied by counsel for appellant, and the bill shows the proceedings for the issuance of the bonds were regular.

As to the first proposition, the ballot which was furnished was as is prescribed by the statute, unless it can be said that the character of the bond to be voted for was...

To continue reading

Request your trial
16 practice notes
  • Kreutner v. State, 3 Div. 307
    • United States
    • Alabama Court of Appeals
    • April 9, 1918
    ...& Co., 187 Ala. 637, 65 So. 954; Fuller v. American Supply Co., 185 Ala. 512, 64 So. 549; Thomason v. Court of County Commissioners, 184 Ala. 28, 63 So. 87; State v. Lamar, 178 Ala. 77, 59 So. 473; Blake v. State, 178 Ala. 407, 59 So. 623; Ex parte Herrington, 87 Ala. 1, 5 So. 831. The ......
  • Rhodes v. McWilson, 6 Div. 237
    • United States
    • Alabama Court of Appeals
    • November 20, 1917
    ...529, 51 So. 159; Preist v. State, 5 Ala.App. 171, 59 So. 318; Tate v. Cody Co., 11 Ala.App. 350, 66 So. 837; Thomason v. Court of Com., 184 Ala. 28, 63 So. 87. Under the Code of the state, an officer has authority to arrest without warrant "upon a charge made, upon reasonable cause, th......
  • Harris v. Cope, 4 Div. 53.
    • United States
    • Supreme Court of Alabama
    • September 27, 1938
    ...Inv. Co. v. City of Mobile, 181 Ala. 184, 61 So. 248; Dent v. Eufaula, 199 Ala. 280, 74 So. 369; Thomason v. Court of County Com'rs, 184 Ala. 28, 63 So. 87; Ryan v. Tuscaloosa, 155 Ala. 479, 46 So. 638, 639. While the mandates of the Constitution must be observed, any effort to do so should......
  • In re City of Rich Hill v. Connelly, No. 38812.
    • United States
    • United States State Supreme Court of Missouri
    • December 6, 1943
    ...and other similar terms. State ex rel. Edwards v. Millar, 21 Okla. 448, 96 Pac. 747; Thomason v. Court of County Comrs., 184 Ala. 28, 63 So. 87; Town of Pelham v. The B.F. Woolsey, 16 Fed. 419; Hartigan v. City of Los Angeles, 170 Cal. 313, 149 Pac. 590; People v. Farmers' High Line Canal &......
  • Request a trial to view additional results
16 cases
  • Kreutner v. State, 3 Div. 307
    • United States
    • Alabama Court of Appeals
    • April 9, 1918
    ...& Co., 187 Ala. 637, 65 So. 954; Fuller v. American Supply Co., 185 Ala. 512, 64 So. 549; Thomason v. Court of County Commissioners, 184 Ala. 28, 63 So. 87; State v. Lamar, 178 Ala. 77, 59 So. 473; Blake v. State, 178 Ala. 407, 59 So. 623; Ex parte Herrington, 87 Ala. 1, 5 So. 831. The ......
  • Rhodes v. McWilson, 6 Div. 237
    • United States
    • Alabama Court of Appeals
    • November 20, 1917
    ...529, 51 So. 159; Preist v. State, 5 Ala.App. 171, 59 So. 318; Tate v. Cody Co., 11 Ala.App. 350, 66 So. 837; Thomason v. Court of Com., 184 Ala. 28, 63 So. 87. Under the Code of the state, an officer has authority to arrest without warrant "upon a charge made, upon reasonable cause, th......
  • Harris v. Cope, 4 Div. 53.
    • United States
    • Supreme Court of Alabama
    • September 27, 1938
    ...Inv. Co. v. City of Mobile, 181 Ala. 184, 61 So. 248; Dent v. Eufaula, 199 Ala. 280, 74 So. 369; Thomason v. Court of County Com'rs, 184 Ala. 28, 63 So. 87; Ryan v. Tuscaloosa, 155 Ala. 479, 46 So. 638, 639. While the mandates of the Constitution must be observed, any effort to do so should......
  • In re City of Rich Hill v. Connelly, No. 38812.
    • United States
    • United States State Supreme Court of Missouri
    • December 6, 1943
    ...and other similar terms. State ex rel. Edwards v. Millar, 21 Okla. 448, 96 Pac. 747; Thomason v. Court of County Comrs., 184 Ala. 28, 63 So. 87; Town of Pelham v. The B.F. Woolsey, 16 Fed. 419; Hartigan v. City of Los Angeles, 170 Cal. 313, 149 Pac. 590; People v. Farmers' High Line Canal &......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT