Mastin v. Cullom & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. This action was brought by S. Oullom & Co. against Peter B. Mastín, to recover the amount of certain fees which had been illegally exacted by the defendant, as sheriff ■ of Montgomery county.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. This action was brought by S. Oullom & Co. against Peter B. Mastín, to recover the amount of certain fees which had been illegally exacted by the defendant, as sheriff ■ of Montgomery county. The facts disclosed by the bill of exceptions are as follows: The defendant, as sheriff of said county, had in his hands six executions, issued from the probate court of Autauga, -in favor of William R. Bugg and several others, against Raymond Robinson, James Clipper, A. P, Robinson and B. F. Robinson, and amounting in…
1Opinion of the CourtRice, C. J.
Sections 3042 to 3050, inclusive, compose a chapter of the Code. They relate exclusively to the fees of sheriffs and certain other officers therein named. Section 3042 is in the following words: “ Clerks, sheriffs, and other officers hereinafter named, are entitled to receive, for the services hereinafter mentioned, the fees thereto respectively annexed, and no more, — to be paid, taxed, and collected in the manner hereinafter directed.”
Section 3047 is the one which prescribes the fees of sheriffs. The only portions of it deemed material to the decision of the case at bar, are two sentences…
2Cited by3 opinions
- Simpson v. TalbotSupreme Court of Alabama · 1854
- Tennessee & Coosa Rivers R. R. v. East Alabama R'y Co.Supreme Court of Alabama · 1886
- Cooke v. WilbanksSupreme Court of Alabama · 1932