Crook v. Commissioners Court
Supreme Court of Alabama
Appeal from the City Court of Anniston. Heard before the 1-Ion. Thomas W. Coleman, Jr. This was a petition for mandamus, filed by the appellant, E. F. Crook, judge of probate of Calhoun county, and sought to compel the court of county commissioners of said county of Calhoun, to purchase' postage stamps for the use of the judge of probate in his official correspondence as such.
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Appeal from the City Court of Anniston. Heard before the 1-Ion. Thomas W. Coleman, Jr. This was a petition for mandamus, filed by the appellant, E. F. Crook, judge of probate of Calhoun county, and sought to compel the court of county commissioners of said county of Calhoun, to purchase' postage stamps for the use of the judge of probate in his official correspondence as such. The prayer of the petition was denied, and petitioner appealed. cited: — Code, Sec. 3384; 26 A. & E. Enc. Law (2d eel.). 601, 602, 646-7; Thompson v. State, 20 Ala. 62; Facers v. Class, 22 Ala. 624; Trumbull v.…
1Opinion of the CourtDenson, J.
Section 3384 of the Code is in this language : “The judge of probate must be allowed reasonable expenses for'suitable books, stationery, and a seal of office, to be paid by the county.”
The question involved in this controversy is, are postage stamps included in the term stationery as it is used in the statute, so that they must be. furnished at the expense of the county to the judge of probate for use in his official correspondence.
“As a general rule the words of the statute are to be taken in their ordinary and popular sense, unless it. plainly appears from the context or otherwise that they…
2Cases cited4 opinions
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- Favers v. GlassSupreme Court of Alabama · 1853
- Harrison v. StateSupreme Court of Alabama · 1893
- Commissioners' Court v. GoldthwaiteSupreme Court of Alabama · 1860
3Cited by2 opinions
- Underwood Typewriter Co. v. Marengo County BankSupreme Court of Alabama · 1919
- Opinion No., Texas Attorney General Reports1977