Van Eppes v. Comm'rs' Court of Mobile
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. O. W. Rapier. The appellant sued the appellee before a justice of the peace, for $18, the hire of carriages procured by the sheriff, under the direction of the circuit judge, while the court was in session, to convey the grand jurors to the county jail for the purpose of inspecting it.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. O. W. Rapier. The appellant sued the appellee before a justice of the peace, for $18, the hire of carriages procured by the sheriff, under the direction of the circuit judge, while the court was in session, to convey the grand jurors to the county jail for the purpose of inspecting it. The justice rendered judgment for the plaintiff; but the defendant removed the case by certiorari to the Circuit Court, where the judgment of the justice was reversed, and the judgment of that court is now assigned for error. ,
1Opinion of the Court
CHILTON, C. J. —
The county can be charged only with such expenses as are authorized by law; and unless there is some statute which authorized the judge of the Circuit Court to direct the sheriff to provide carriages to convey the grand jurors to the jail, for the purpose of inspecting it, the expense thus incurred cannot be recovered out of the county. We have been cited to no statute, and have been able to find none, which makes it thus chargeable. The grand jurors receive a per diem compensation, which is supposed to be adequate, and which must be considered as extending to all the services…
2Cited by11 opinions
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Board of Com'rs of Washita County v. BrettSupreme Court of Oklahoma · 1912
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
- Schmelzel v. Board of County CommissionersIdaho Supreme Court · 1909
- Weakley v. HenrySupreme Court of Alabama · 1920
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