Isbell v. Shelby County
Alabama Court of Appeals
Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Action by J. L. Isbell, clerk of the circuit court, against Shelby county, to collect fees for éx officio services, as such clerk. Judgment for defendant and plaintiff appeals.
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Appeal from Shelby Circuit Court. Heard before Hon. Hugh D. Merrill. Action by J. L. Isbell, clerk of the circuit court, against Shelby county, to collect fees for éx officio services, as such clerk. Judgment for defendant and plaintiff appeals. The clerk was entitled to ex officio services under the local acts 1901, page 2024, unless said act was repealed impliedly by acts 1907, page 583, now section 3715, Code 1907. The law does not favor repeal by implication and as the statute contains no repealing clause the presumption is indulged that it was not the intention of the Legislature to…
1Opinion of the CourtPelham, J.
The appellant brought suit against Shelby county to recover $600 alleged to-be due for the performance of ex officio services as clerk of the circuit court for the year 1912. The right of recovery is based on a local act made applicable to Shelby and a few (other counties approved March 2, 1901, fixing the compensation to be paid certain county officers, including circuit clerks. — Acts 1900-01, p. 2024. It is conceded by appellant in brief that if the local act above referred to was repealed by the general act to fix the ex officio fees of the clerks of the circuit court .in the- several…
2Cases cited2 opinions
- Edson v. StateSupreme Court of Alabama · 1901
- Gibson v. MabrySupreme Court of Alabama · 1905
3Cited by5 opinions
- Osborn v. HenrySupreme Court of Alabama · 1917
- Foshee v. StateAlabama Court of Appeals · 1916
- Reid v. WallaceAlabama Court of Appeals · 1936
- Barnes v. State Ex Rel. TateAlabama Court of Appeals · 1935
- Barnes v. State Ex Rel. TateSupreme Court of Alabama · 1935