Salter v. Ivey
34 Ala. 557
Ala.
1859
Check Treatment
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.