Salter v. Ivey , 34 Ala. 557 ( 1859 )

R. W. "WALKER, J.

The 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.

Judgment affirmed.