34 Ala. 557
Decided June 15, 1859
Supreme Court of Alabama · decided 1859-06-15
Tried before the Hon. Nat. Cook. The record in this case shows the following facts: On the 12th Mai’eh, 1858, Turner Ivey, “apportioner of Mill beat No. 2 in said county,” returned Z. W. Salter as a defaulter, “in failing to make all the hands apportioned to him in his precinct work on the road, with and when the other hands worked, at his last working in the spring of 1858.” On this return being made, Salter was summoned before a justice of the peace of the county, “to…
Cited by 2 later decisions — most recently December 1936
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1859-06-15
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¶1The 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.
¶2Judgment affirmed.