Mobile County v. Williams
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by tbe County of Mobile against Price Williams, Jr., Judge, to collect moneys alleged to have been illegally paid him. Judgment for defendant, and plaintiff appeals. Tbe facts sufficiently appear in tbe opinion.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by tbe County of Mobile against Price Williams, Jr., Judge, to collect moneys alleged to have been illegally paid him. Judgment for defendant, and plaintiff appeals. Tbe facts sufficiently appear in tbe opinion. Plea 4 is as follows: “That eacb and all of tbe several claims, and demands set up in tbe complaint are parts of, and embrace in, a certain claim aggregating, to wit, $5,056.25, found and presented against tbe defendant, Price Williams, Jr., judge of probate of Mobile county, Ala., by tbe examiner of…
1Opinion of the Court
de GRAFFENRIEN, J.
We do not, of course, ascribe bad faith to any of the officers of the county of Mobile in this discussion of the legal questions which are presented by this record. On the contrary, we are satisfied that the transaction was had without bad faith on the part of any of said officers. We think it probable that the transactions set up by the pleadings grew up out of a custom which has prevailed in Mobile and possibly other counties of the state, and that the officials have been misled by such custom rather than from any intentional violation of the law. The whole theory of this…
2Cases cited22 opinions
- Board of Commissioners of Huntington Co. v. HeastonIndiana Supreme Court · 1896
- State ex rel. Lott v. BrewerSupreme Court of Alabama · 1879
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- Commissioners' Court v. MooreSupreme Court of Alabama · 1875
- Jeffersonian Publishing Co. v. HilliardSupreme Court of Alabama · 1894
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3Cited by54 opinions
- Morgan County Commission v. PowellSupreme Court of Alabama · 1974
- Lowery v. Garfield CountyMontana Supreme Court · 1949
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Herrmann v. Mobile CountySupreme Court of Alabama · 1918
- National Surety Co. v. StateSupreme Court of Alabama · 1929
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