Foster v. Blount
Supreme Court of Alabama
Error to the County Court of Tuscaloosa. The demurrer to the statement of the plaintiff should have been overruled. — See the act prescribing and regulating the fees of the judges and clerks of the County Courts of this State, passed in February 1848; Pamphlet Acts, p. 86, § 3 and 6. This is a case where the plaintiff in error sued the defendant in error, as clerk of the County Court of Tuscaloosa county, under the act of 184S § 6, for the sum of fifty dollars, as a penalty…
Read the full summary
Error to the County Court of Tuscaloosa. The demurrer to the statement of the plaintiff should have been overruled. — See the act prescribing and regulating the fees of the judges and clerks of the County Courts of this State, passed in February 1848; Pamphlet Acts, p. 86, § 3 and 6. This is a case where the plaintiff in error sued the defendant in error, as clerk of the County Court of Tuscaloosa county, under the act of 184S § 6, for the sum of fifty dollars, as a penalty for excessive charge, in a bill of costs rendered against the plaintiff in error, by the defendant in error, as clerk…
1Opinion of the CourtDa-Rgan, C. J.
This suit was brought under the act of 1848, to recover the penalty of fifty .dollars of the defendant, who it is alleged, as clerk of the County Court of Tuscaloosa, charged the plaintiff excessive fees in a cause pending in said court, in which the State of Alabama was plaintiff and J. P. Mahany and others, defendants. The defendant demurred to the plaintiff’s statement filed in the County Court, which was sustained, and this is the only assignment of error. The first section of the act, under which this suit is brought, prescribes the fees to which the county judges shall be entitled; the…
2Cases cited1 opinion
- United States v. WinnU.S. Circuit Court for the District of Massachusetts · 1838
3Cited by27 opinions
- Winters v. City of DuluthSupreme Court of Minnesota · 1901
- United States Cement Co. v. CooperIndiana Supreme Court · 1909
- Nephi Plaster & Mfg. Co. v. Juab CountyUtah Supreme Court · 1907
- Kansas City Southern Ry. Co. v. WallaceSupreme Court of Oklahoma · 1913
- Gillock v. PeopleIllinois Supreme Court · 1898
22 more not listed; retrieve them via the Exa API.