State Ex Rel. Kinney v. St. John

GARDNER, Justice.

This court takes judicial knowledge that the city of Cullman is a city of less than 6,000 population. State ex rel. Williams v. Owens, 217 Ala. 668, 117 So. 298.

Our statute (section 1759, Code 1923) provides that in such cities and in towns the council shall elect a clerk, and may elect a recorder, and fix their salaries and terms of office, and may determine by ordinance the other officers, their salaries, manner of election, and terms of office.

It is clear, therefore, as to the city of Cullman, the office of city attorney must be provided for by ordinance, or otherwise no…