DocketNumber: 2 Div. 807, 807a.
Citation Numbers: 96 So. 753, 209 Ala. 663
Judges: PER CURIAM.
Filed Date: 1/4/1923
Status: Precedential
Modified Date: 1/11/2023
1. The commissioners' court had the authority to issue interest-bearing warrants. Board of Revenue v. Merrill,
The commissioners' court, independent of section 4140 of the Code, which seems to apply to circuit courts or courts of like jurisdiction, has the inherent power to amend its records so as to make them speak the truth. Section 4139 of the Code of 1907. "It was competent for the commissioners' court, as it is for every court of record, to amend its record nunc pro tunc, if there be matter of record authorizing the amendment." Commissioners' Court v. Hearne,
2. It is conceded, and the record establishes, that the Smyley warrant was made for a sum in excess of its true amount, and to the extent of $104.18. The bill charges such to have been the fact, and respondent in pleadings and by agreement of counsel admits the same to be true. It is averred that $104.18 was added to the warrant by way of compensation for the necessary delay in its collection, or as difference between the cash and credit price on sales as made and the cost of transportation to a distant point in the county; and such fact was within the knowledge or brought to the notice of a commissioner of the county while in the discharge of his duty as such official; that when the allowance was made it was with a knowledge of the excess. This was not the due observance of section 147 of the Code, in proof of and allowance of a just claim against the county to the extent of the extra allowance of $104.18 to the Smyley bill. Its payment may be duly resisted by the county as to such excess. Converse Bridge Co. v. Geneva County,
3. It is admitted by counsel for the county that warrants originally issued to Rentz and Lewis were proper charges against the county. The record sustains this position and such items are proper charges against the county with interest.
Correctly and affirmed on direct appeal, and reversed and rendered on cross-appeal.
All the Justices concur.
Eagerton v. Second Econ. Dev. Coop. Dist. , 909 So. 2d 783 ( 2005 )
Pettus v. Louisville N. R. Co. , 214 Ala. 187 ( 1925 )
Sisson v. Leonard , 243 Ala. 546 ( 1942 )
Jeffers v. Wharton , 240 Ala. 21 ( 1940 )
Jeffers v. Wharton , 29 Ala. App. 428 ( 1939 )