Oldham v. Mayor of Birmingham
Supreme Court of Alabama
■ Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellant, J. S. Old-ham, against the Mayor and Aldermen of Birmingham to i;eeover an amount alleged to be due him as his salary as sergeant of police of the said city. The facts of the case are sufficiently stated in the opinion.
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■ Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellant, J. S. Old-ham, against the Mayor and Aldermen of Birmingham to i;eeover an amount alleged to be due him as his salary as sergeant of police of the said city. The facts of the case are sufficiently stated in the opinion. The cause was tried by the court without the intervention of a jury, and judgment was rendered for the defendant, to the rendition of which judgment the plaintiff duly excepted. The plaintiff prosecutes the present appeal, and assigns as error the rendition…
1Opinion of the CourtHaralson, J.
This is an action of assumpsit by Jno. S. Oldham, the appellant, against the Mayor and Aldermen of Birmingham, a municipal corporation, to recover the salary claimed by him as attaching to the office of Sergeant of Police for said city, which accrued to him from and after the 21st of June, 1893, and which was payable, as alleged, semi-monthly. The facts in the case are undisputed. It was tried on an agreed statement subject to legal objections. The trial was by the court, without the intervention of a jury, and the judg*363ment being for the defendant, on exception reserved to the conclusion and…
2Cases cited13 opinions
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- Fox v. McDonaldSupreme Court of Alabama · 1893
- United States v. MitchellSupreme Court of the United States · 1883
- Phillips v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Perkins v. CorbinSupreme Court of Alabama · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Hawkins v. Roberts & SonSupreme Court of Alabama · 1898
- Leary v. PhiladelphiaSupreme Court of Pennsylvania · 1933
- McGehee v. State ex rel. TateSupreme Court of Alabama · 1916
- Clements v. Commission of City of BirminghamSupreme Court of Alabama · 1926
9 more not listed; retrieve them via the Exa API.