The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 331
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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COVINGTON COUNTY, ALA., V. STEVENS 331
(2506 F.)
president of its board of revenue, be required to recognize and sign said war-
rant, and that the treasurer be required to register the same.
On November 9th, Stevens filed a petition, which was allowed, that he be
permitted to withdraw his plea to the Jurisdiction and motion to dismiss filed
July 9th. On November 12th, plaintiff filed a motion to dismiss its suit in
accordance with the agreement of August 13, 1915. The court denied defend-
ant Stevens' motion for injunction pendente lite. and dissolved a temporary
restraining order theretofore granted. Plaintiff's motion to dismiss its suit
was denied.
The trial judge, upon hearing of the case, acquitted the board of revenue
and Stevens of any collusion, corruption, or fraud. Judgment was entered for
Stevens for the amount of his warrant, with interest at 6 per cent. from De-
cember 5, 1914, and for $3,026.86, balance due on contract on the bid of
$144,500. The claim for damages for libel and upon the injunction bond was
disallowed. Appeal by county, and cross-appeal by Stevens.
D. M. Powell, of Greenville, Ala. (Powell, Albritton & Albritton, of
Andalusia, Ala., on the brief), for appellant and cross-appellee.
G. W. L. Smith, of Brewton, Ala., and R. E. Milling, of New Or-
leans, La. (Foster, Milling, Saal & Milling, of New Orleans, La., on
the brief), for appellee and cross-appellant.
Before WALKER and BATTS, Circuit Judges, and EVANS, Dis-
trict Judge.
BATTS, Circuit judge (after stating the facts as above). Dismissal.
-The bill in this cause was filed June 21, 1915; the petition to re-
move was filed July 5th, and on July 19th, the defendant Stevens filed
a motion to dismiss the bill for several grounds there indicated. On
August 13th, an agreement was entered into, signed by all the parties,
the name of Stevens being signed by Parks & Prestwood, as attor-
neys of record, by which it was agreed that the Falls City Construc-
tion Company should receive from the county $10,500 in compromise
and settlement of its claim and cancellation of its contract for the
construction of the courthouse and surrender the lots. It was agreed
that the bills should be dismissed by the county, and it was stipulated
that the rights of Stevens with reference to his suit to compel the
chairman to sign his warrant, and any claims which he might have
against the county, would not be affected. It was, however, agreed
that "Stevens waives damages on injunction bonds." Shortly after
the execution of this agreement, Stevens undertook to repudiate it,
stating that Park & Prestwood had no authority to agree to the dis-
missal of the suit. At the time of the making of this agreement, the
motion above referred to, filed by Stevens on July 19, 1915, asking the
court to dismiss the case, was pending. This motion had-been sign-
ed by Parks and by G. W. L. Smith, who has throughout been the at-
torney for Stevens. Parks & Prestwood had also represented Stevens
in the Merrill suit, and in the mandamus proceeding' pending in the
state court. The evidence indicates that they were representing Stev-
ens in this case. Parks & Prestwood, as attorneys in the case, had a
right to secure the dismissal for which Stevens was at the time pray-
ing by a motion on file. It may be, however, they were without au-
thority to bind Stevens to a waiver of damages on injunction bonds,
and the ruling of the trial judge is sustained.
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/345/: accessed April 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.