Herrmann v. Mobile County
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by F. W. Herrmann against Mobile County. Judgment of nonsuit, and plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by F. W. Herrmann against Mobile County. Judgment of nonsuit, and plaintiff appeals. Transferred from the Court of Appeals under section 6, p. 450, Act April 18, 1911. Following is plaintiff’s complaint, referred to in opinion: Plaintiff claims of the defendant the sum of $399, together with interest from the 12th day of November, 1917, for the following: Plaintiff is, and has been during all of the time hereinafter mentioned, ex officio clerk of the inferior civil court of Mobile county. As such clerk he did, during the…
1Opinion of the CourtThomas, J.
The suit is by E. W. Herrmann, the ex officio clerk of the inferior civil court of Mobile, for fees disallowed by the board of revenue and road commissioners of that county.
[1] Demurrer was sustained to the complaint, and because of such adverse ruling on pleadings it became necessary for plaintiff to take a nonsuit; and, prosecuting his appeal, he now duly assigns error presenting for review this ruling of the court. Code, § 3017; Schillinger v. Wickersham, 75 Soufh. 11; Berlin Machine Works v. Ewart Lumber Co., 184 Ala. 272, 279, 63 South. 567; Ex parte Martin, 180 Ala. 620, 61 South. 905;…
2Cases cited24 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
- State ex rel. Clarke v. CarterSupreme Court of Alabama · 1911
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Brasher v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Byrd v. State Ex Rel. ColquettSupreme Court of Alabama · 1924
- Kendrick v. BoydSupreme Court of Alabama · 1951
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- McCreless v. Tennessee Valley BankSupreme Court of Alabama · 1922
17 more not listed; retrieve them via the Exa API.