Supreme Court of Alabama, 1887

South & North Ala. Railroad v. Bradley

South & North Ala. Railroad v. Bradley
Supreme Court of Alabama · Decided December 15, 1887 · Somebtvtlle
84 Ala. 468

South & North Ala. Railroad v. Bradley

Opinion of the Court

SOMEBTVTLLE, J.:

Tbe fees due tbe plaintiff, as compensation for official services performed by him, at tbe request of tbe defendant, being sucb as were authorized by law, constituted a debt, for which an action of debt, or indebitatus assumpsit would clearly lie. And tbe provisions of tbe statute, authorizing a judgment to be rendered in favor of tbe successful party for costs in civil actions (Code of 1886, § 2837), is no bar to tlie maintenance of such a suit. Hill v. White, 1 Ala. 576; Carville v. Reynolds, 9 Ala. 969; Tillman v. Wood, 58 Ala. 578; Dane v. Loomis, 51 Ala. 487: Bradley v. State, 69 Ala. 318.

Tbe judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.