51 Ala. 489 | Ala. | 1874
In a summary proceeding of this character, the notice serves the double purpose of process and pleading, and is amendable under the same rules governing the amendment of a complaint in an ordinary action. Walker v. Turnipseed, 8 Ala. 679; Jemison v. P. & M. Bank, 23 Ala. 168.
It is urged, however, that the special statute is without the legislative power, and is void. We cannot concur in this view. A county has some of the characteristics of a municipal corporation ; but it is rather a political organization, to which the State entrusts, for the public welfare, defined functions and powers.. Whatever moneys it has the capacity of raising, for the payment of county claims, are held in its political, not its corporate capacity. These funds are raised by authority of the legislature; and the purposes to which they are devoted, are of legislative determination. No right of the citizen is invaded, because the legislature may, after these funds are raised, appropriate them to claims not chargeable on them Avhen they were collected. The law creating the fund, and directing its appropriation, is subject to repeal, alteration, or amendment, at the Avill of the legislature. The legislature had full power to enact the statute. It was simply an appropriation of public moneys, over which they have absolute control, except as qualified by express constitutional provision. The act is valid, and under the facts stated in the pleadings, entitled the plaintiff to a recovery. Dillon on Mun. Cor. §§ 34-6; Police Comm’rs v. St. Louis, 34 Mo. 546.
There is no error in the record, and the judgment is affirmed.