Jefferson County v. Abernathy
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, IT. B. Abernathy, against Jefferson county. The complaint contained the common counts a "id sought to recover for services performed by the plaintiff, an acting justice of the peace in Jefferson county, in holding an inquest in the absence of the regular coroner.
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Appeal from tlie City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, IT. B. Abernathy, against Jefferson county. The complaint contained the common counts a "id sought to recover for services performed by the plaintiff, an acting justice of the peace in Jefferson county, in holding an inquest in the absence of the regular coroner. It was averred in the complaint that the plaintiff presented Ms demand for said services to the board of revenue of Jefferson county, aud that the board declined to pay the same. The cause was tried upon the plea…
1Opinion of the CourtDowdell, J.
The only question presented by the recoad in this case is whether or not the act approve1 Feb. 10,1899, (Acts, 189S-99, p. 815), entitled an act “To prescribe the duties and fix the compensation of the cor-onor of Jefferson county, Alabama, and to provide for the, payment of the same,” repeals the general statutes. §§ 4572 and 4573 of the Code. In determining this question it should be borne in mind that the well settled rule of construction is, that repeals by implication are not favored by the courts. Where there is no express declaration of repeal of the old contained in the new statute,…
2Cited by1 opinion
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