Harrington v. State Ex Rel. Van Hayes
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; H. A. Sharpe, Judge. Proceedings by the State, on the relation of Van Hayes, Jr., against F. E. Harrington. From the judgment rendered, Harrington appeals.
1Opinion of the CourtMayfield, J.
[1] The sole question presented for review by this appeal is whether or not the- position or place of “all-time” health officer for a county is an “office,” within the meaning of section 1467 of the Code of 1907.
That it is an office in some senses and for some purposes there can be no doubt, unless we wholly ignore the common and well-accepted meaning of the words used in the statute; in fact, the position is in terms called “an office,” and the person who fills it and performs the duties and functions imposed is repeatedly called “an officer,” and “a county -officer.” It does not follow,…
2Cases cited15 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Landford v. DunklinSupreme Court of Alabama · 1882
- Touart v. State ex rel. CallaghanSupreme Court of Alabama · 1911
- Bradley v. StateSupreme Court of Alabama · 1881
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
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3Cited by43 opinions
- State Ex Rel. Wadsworth v. Southern Surety Co.Supreme Court of Alabama · 1930
- Licha v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1937
- City of Birmingham v. HendrixSupreme Court of Alabama · 1952
- State Ex Rel. Hyland v. BaumhauerSupreme Court of Alabama · 1942
- State Ex Rel. Richardson v. MorrowSupreme Court of Alabama · 1964
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