South & North Ala. Railroad v. Bradley
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. L. E. Box. This was a suit by R. C. Bradley, on the common counts fox a sum of money due him as clerk of the Circuit Court of Jefferson county, for issuing siibpamas for the defendant’s witnesses, at the instance and request of defendant, in cases brought against defendant in said Circuit Court by different parties, but in which suits, on the trial, the defendant was tbe successful party; tbe costs accruing at tbe…
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Appeal from Jefferson Circuit Court. Tried before Hon. L. E. Box. This was a suit by R. C. Bradley, on the common counts fox a sum of money due him as clerk of the Circuit Court of Jefferson county, for issuing siibpamas for the defendant’s witnesses, at the instance and request of defendant, in cases brought against defendant in said Circuit Court by different parties, but in which suits, on the trial, the defendant was tbe successful party; tbe costs accruing at tbe instance of tbe said defendant in sucb cases, having never been paid to said Bradley. Tbe court gave tbe general charge in…
1Opinion of the Court
SOMEBTVTLLE, J.:
Tbe fees due tbe plaintiff, as compensation for official services performed by him, at tbe request of tbe defendant, being sucb as were authorized by law, constituted a debt, for which an action of debt, or indebitatus assumpsit would clearly lie. And tbe provisions of tbe statute, authorizing a judgment to be rendered in favor of tbe successful party for costs in civil actions (Code of 1886, § 2837), is no bar to tlie maintenance of such a suit. Hill v. White, 1 Ala. 576; Carville v. Reynolds, 9 Ala. 969; Tillman v. Wood, 58 Ala. 578; Dane v. Loomis, 51 Ala. 487: Bradley v.…
2Cases cited5 opinions
- Bradley v. StateSupreme Court of Alabama · 1881
- Tillman v. WoodSupreme Court of Alabama · 1877
- Hill v. WhiteSupreme Court of Alabama · 1840
- Carville ex rel. Wamack v. ReynoldsSupreme Court of Alabama · 1846
- Dane v. LoomisSupreme Court of Alabama · 1874
3Cited by4 opinions
- Northern v. HannersSupreme Court of Alabama · 1898
- Conlon v. HolsteSupreme Court of Minnesota · 1906
- Opinion of the ClerkSupreme Court of Alabama · 1981
- Pilcher v. HickmanSupreme Court of Alabama · 1906