101 Ala. 423
Decided November 15, 1893
Supreme Court of Alabama · decided 1893-11-15
Tried before the Hon. William E. Clarice. This was an action of assumpsit brought by N. P. Lyles against Marengo county, and counted upon the common counts. The plaintiff’s claim was based on his-alleged right to be reimbursed for money which he had paid for the hire of a boy to pump water in the jail, and to keep up the fires therein during the winter months.
Good law ✅— No negative treatment on recordhow we know
Decided 1893-11-15
Cited by 5 later decisions — most recently October 1939
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1It 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.
¶2Reversed and rendered.