Legal Opinion

Calhoun County v. Watson

Supreme Court of Alabama

Decided July 2, 1907PublishedCited by 13 opinions

Suit to Recover Ex Officio Services. Apeal from Calhoun Circuit Court. Heard, before Hon. John Pelham. Action by I. E. Watson, clerk of the Calhoun county circuit court, against Calhoun county. From a judgment for plaintiff, defendant appeals. This is an a.ctiou by í.

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Suit to Recover Ex Officio Services. Apeal from Calhoun Circuit Court. Heard, before Hon. John Pelham. Action by I. E. Watson, clerk of the Calhoun county circuit court, against Calhoun county. From a judgment for plaintiff, defendant appeals. This is an a.ctiou by í. E. Watson, clerk of the circuit court of Calhoun county, against the county, to recover for ex officio services alleged lo have been performed for the county for the second half of the year 1905 as clerk of the said circuit court. It is averred that said account was itemized and sworn to by plaintiff, and was presented to the…

1Opinion of the CourtAnderson, J.

It appears that section 1372 of the Code of 1896, in providing for ex officio services for circuit clerks, says: “Such sum as may be allowed by the court of county commissioners, not exceeding per an-num $200” — making an exception as to the amount to the extent of $500 for Calhoun and a few other counties. If this section stood alone and controlled in the case at bar, it might be that the sum to be allowed would be discretionary with the commissioners’ court in so far as it did not exceed the maximum. But section 1363 of the same Code, in providing for the presentation and allowance of…

2Cases cited5 opinions

  1. Zaner v. StateSupreme Court of Alabama · 1891
  2. Schroeder v. Colbert CountySupreme Court of Alabama · 1880
  3. Shinbone v. Randolph CountySupreme Court of Alabama · 1876
  4. Steele v. StateSupreme Court of Alabama · 1878
  5. Looney v. Jackson CountySupreme Court of Alabama · 1894

3Cited by13 opinions

  1. Wilson v. StateSupreme Court of Alabama · 1942
  2. Leith v. StateSupreme Court of Alabama · 1921
  3. Nettles v. StateCourt of Criminal Appeals of Alabama · 1983
  4. Sovereign Camp W. O. W. v. WardSupreme Court of Alabama · 1916
  5. State Ex Rel. Fowler v. StoneSupreme Court of Alabama · 1938

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