Ward v. State Ex Rel. Goldsmith
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by A. G. Ward, as president, etc., for certiorari to the Court of Appeals to revise the judgment thereof (82 South. 660), affirming a judgment of the circuit court awarding a peremptory writ of mandamus, requiring petitioner to draw a warrant upon the county treasurer in favor of the relator, M. I. Goldsmith, for an amount alleged due for salary as circuit court bailiff.
1Opinion of the CourtAnderson, C. J.
(for the majority). We think that the writ should be denied, and that the first proposition involved is correctly treated by the Court of Appeals (82 South. 660).
As to the second proposition, we do not take issue with the Court of Appeals that the acceptance of one office vacates the older when the holding of both is prohibited; but we think that the bailiff in question did not hold two offices as prohibited by section 280 of the Constitution. As a deputy'sheriff, he was the mere agent or employé of the sheriff, paid by the sheriff and removable at his will. As such, he was not paid by the…
2Cited by8 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Department of Industrial Relations v. DrummondAlabama Court of Appeals · 1941
- Cook v. StateSupreme Court of Alabama · 1959
- Parham v. StateCourt of Criminal Appeals of Alabama · 1971
- Douglas v. StateCourt of Criminal Appeals of Alabama · 1973
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