Citation Numbers: 111 Ala. 554
Judges: Head
Filed Date: 11/15/1895
Status: Precedential
Modified Date: 7/19/2022
The. hire-money agreed to be paid by the'
The objection to the introduction of the convict record book was waived by the subsequent agreement of the parties.
It did not sufficiently appear that Henley was officially authorized to certify to the classification of the convicts, and his certificate ought not to have been received, in evidence. It should be made to appear that he was the legal custodian of the records of the proceedings of the Board of Inspectors.
The quarterly reports and statements of the defendant rendered to the county treasurer and received by him, or which came to his knowledge and recognition and were acted on by him, though rendered to the judge of probate or clerk of the circuit'court, were admissible in evidence under the 3d plea, and under the general plea of payment.
The plaintiff sued upon the contracts entered into by it with the defendants. Its rights are, therefore, to be measured by the terms of those contracts. It matters not how far the probate judge, in making the contracts, may have departed from the requirements of the. statute; if there was such departure, the county seeking to enforce them, cannot reject any of their terms. It cannot claim under and against the contracts. By these contracts, the defendant company hired al1 the convicts for the times specified, and agreed to pay in advance on delivery of the convicts] respectively, the hires for such portions of the terms of sentence as were imposed for costs,and the balance quarterly; and it was stipulated that for said advance payments, credits should be allowed the company, on the next, or if need be, any subsequent settlement. Under this arrangement, it was the duty of the company to make the advance payments,and to make quarterly settlements with the county treasurer, charging itself with all hires accrúed, and crediting itself, upon the gross amount of hires accrued, with the
The abortive effort of the witness, Hurt, to have an interview with the president or vice-president of the defendant company was not relevant or material and should not have been admitted.
Reversed and remanded.