Lowndes County v. Hunter
Supreme Court of Alabama
From the Circuit Court of Lowndes. Tried before the Hon. Jambs Q. Smith. This action was brought by the appellee, who was the clerk of the Circuit Court of said county, to recover compensation for his services in completing the final records of cases in said court which had been left incomplete by John J. McCaw and John A. Robertson, former incumbents of said office ; and was founded on the act approved December 10, 1868, entitled “ An act to secure complete records in the…
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From the Circuit Court of Lowndes. Tried before the Hon. Jambs Q. Smith. This action was brought by the appellee, who was the clerk of the Circuit Court of said county, to recover compensation for his services in completing the final records of cases in said court which had been left incomplete by John J. McCaw and John A. Robertson, former incumbents of said office ; and was founded on the act approved December 10, 1868, entitled “ An act to secure complete records in the courts of this State,” which is in these words : “ Be it enacted,” &c., “ That in all cases where a clerk of a circuit or…
1Opinion of the CourtBrickell, J.
— There are but two questions presented by the argument of the counsel for the appellant. The first involves the constitutionality of the act entitled “ An act to secure complete records in the courts of this State,” approved December 10, 1868. Pamph. Acts 1868, p. 404. The second is, that the remedy of the appellee to enforce the liability of the county, if the act is not unconstitutional, is by mandamus to the Commissioners’ Court, and not by a suit prosecuted in the ordinary mode against the county.
The constitutionality of the statute is assailed on two distinct grounds. It is said the…
2Cases cited7 opinions
- Ex parte PollardSupreme Court of Alabama · 1866
- Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
- Mobile & Ohio Railroad v. StateSupreme Court of Alabama · 1857
- Autauga County v. DavisSupreme Court of Alabama · 1858
- Gunter v. Dale CountySupreme Court of Alabama · 1870
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3Cited by15 opinions
- Ex parte CowertSupreme Court of Alabama · 1890
- Powell v. StateSupreme Court of Alabama · 1881
- Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Rogers v. TorbutSupreme Court of Alabama · 1877
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