Cohen v. Coleman

Decided December 15, 1882

Supreme Court of Alabama · decided 1882-12-15

Tried before Hon. Samuel H. Speott. This was a motion for a summary judgment, under the statute, by Benjamin Colien against Charles Coleman, as treasurer of Greene county, the grounds of which are sufficiently stated in the opinion. The defendant interposed a demurrer to the motion, which was sustained by the court; and the plaintiff declining to plead further, a judgment was rendered for the defendant. That judgment is here assigned as error.

Cited by 1 later decisions — most recently November 1893

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1882-12-15

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STONE, J.

¶1The summary remedy invoked in this case against the county treasurer can only be maintained when the demand sued for is an “allowed claim” against the county. Code of 1876, § 3395. The motion, taking the place of a complaint, failed to aver the claim sued on had been allowed, and • therefore failed to aver any statutory ground of recovery. The demurrer was rightly sustained.—2 Brick. Dig. 464, § 6.

¶2In the first paragraph, or ground of the motion, the claim asserted consists of fees alleged to be due the sheriff for summoning witnesses for defendants in State cases — the defendants being insolvent. Such services are rendered for the defendants, and must be paid for by them. They are not a charge against the fine and forfeiture fund.

¶3Affirmed.