129 Ala. 369 | Ala. | 1900
We take judicial cognizance of the act “To establish a charter for the town of Woodlawn, in Jefferson 'County, Alabama,” approved January 26, 1891. (Acts, 1890-91, pp. 229-242). Section 8 of that
•It appears from the complaint that the defendant Wood was elected or appointed treasurer of Woodlawn, and by ordinances required to give the bond sued on for the faithful performance of his duty as such treasurer. Under the sections of the charter quoted we hold that the town had the right and power to elect or appoint a treasurer, and to require him before entering into office to give such bond. Such, requirement is, in our opinion, well within the express authority of. the mayor and aldermen to regulate and control officers appointed by them in -the discharge of their duties. And we,, therefore, conclude that it is made to appear by the amended complaint that the bond sued on was required to be given by Wood under due authority of law, and therefore imports a consideration and is obligatory on Wood and his sureties therein. The demurrer to the complaint as last amended should have been overruled.
The action should have been brought originally in the name of the beneficiary, Somerville, and not in the name of the town of Woodlawn to his use, (Morrow v. Wood, 56 Ala. 1); but this defect of the. complaint hod been remedied by amendment before the case was last heard on demurrer.
Reversed, demurrer overruled and cause remanded.
