Legal Opinion
Jeffers v. Wharton
Supreme Court of Alabama
Decided March 28, 1940No. 6 Div. 631PublishedCited by 7 opinions
1Opinion of the Court
TPIOMAS, Justice.
We are in accord with the opinion of Judge Sanford, Ala.App., 197 So. 352, 1 on the question of the right of the county to amend its records nunc pro tunc, as affecting plaintiff’s claim, as we shall indicate.
The established rule that should be here applied is that the acceptance of less compensation than that established by law for an official service does not estop that official from subsequently recovering the just and due legal compensation. Any other rule would be void on the ground of public policy. In support of this rule the Justice writing the opinion cites: “Stewart…
2Cases cited7 opinions
- Commissioners Court v. HearneSupreme Court of Alabama · 1877
- Stewart v. SampleSupreme Court of Alabama · 1910
- Farwell v. City of RocklandSupreme Judicial Court of Maine · 1872
- Jefferson County v. O'GaraSupreme Court of Alabama · 1939
- Marengo County v. BarleySupreme Court of Alabama · 1923
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Hyland v. BaumhauerSupreme Court of Alabama · 1942
- Downs v. City of BirminghamSupreme Court of Alabama · 1940
- Jefferson County v. CaseSupreme Court of Alabama · 1943
- State Ex Rel. Mantell v. BaumhauerAlabama Court of Appeals · 1942
- In re Opinion of the JusticesSupreme Court of Alabama · 1950
2 more not listed; retrieve them via the Exa API.