Dane v. Smith
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery- Tried before Hon. James Q. Smith. Dane, the appellant, was the sheriff of Mobile county prior to December 17th, 1878, when the act was passed reducing the allowance for feeding prisoners in jail to forty cents per diem, and continued in office until the 20th day of November, 1874. He had at various times presented liis accounts to the auditor (Hon. B. T. Smith) for feeding prisoners, claiming to be paid at the rate of fifty cents per…
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Appeal from Circuit Court of Montgomery- Tried before Hon. James Q. Smith. Dane, the appellant, was the sheriff of Mobile county prior to December 17th, 1878, when the act was passed reducing the allowance for feeding prisoners in jail to forty cents per diem, and continued in office until the 20th day of November, 1874. He had at various times presented liis accounts to the auditor (Hon. B. T. Smith) for feeding prisoners, claiming to be paid at the rate of fifty cents per day; but the auditor refused to draw his warrant, except for the amount due at the rate of forty cents per day,…
1Opinion of the CourtStone, J.
This case, as argued, presents but a single question, and we propose to consider only that question; namely, what allowance per diem is a sheriff entitled to for victualling prisoners after December 17, 1873 — the sheriff having been inducted into office before that time ? The act approved December 17, 1873 — Pamph. Acts, p. 55 — 'declares “ That the sheriffs of the different counties of this State shall be allowed forty cents per day for victualling each prisoner in the jail;” and then repeals all laws and parts of laws, general or special, contravening its provisions. The act of 1868 —…
2Cited by10 opinions
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- Stout v. City of ClovisNew Mexico Supreme Court · 1932
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