Holmes County v. Ellis

Smith, C. J.,

delivered a dissenting opinion.

I dissent in part from the judgment just rendered, as will appear from what I am now about to say.

The appellee was entitled, under paragraph (e) of section 1804 of the Code, to $5 per day each for himself and one deputy for attending the sessions of the circuit court, and since he had been paid only $3 per day for each therefor, he was entitled to the $2 per day for each here claimed by him. He was not entitled to the per diem allowances heretofore made him for the service of deputies rendered prior to the beginning of the terms of the circuit…