Mobile County v. Byrne

Action of assumpsit for money had and received, instituted by the appellee against Edward J. Huet. The money, the subject-matter of the suit, came into the hands of the defendant, as clerk of the inferior criminal court of Mobile county, as costs and fees assessed and collected in criminal cases disposed of in said court, and the plaintiff, who is the sheriff of the county, asserts his right to recover these costs and fees, under the provisions of the act of the Legislature approved September 29, 1923, entitled:

“An act to prescribe the duties of sheriffs, as to inferior courts in all counties…