Benford v. Gibson
Supreme Court of Alabama
Error to the Orphans’ Court of Dallas. Before the Hon. A. J. Saffold, Judge. The facts of this case are sufficiently set out in the opinion of the court.
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Error to the Orphans’ Court of Dallas. Before the Hon. A. J. Saffold, Judge. The facts of this case are sufficiently set out in the opinion of the court. The acceptance of the office of judge of the county court, and clerk of said court, completes a contract between the citizen and the state, that the officer will, during the term of his office, discharge all the duties of his office required by law, and that he shall have for the discharge of such duties, the compensation then prescribed by law, during the term of his office. Is the acceptance a contract between the state and citizen ? A…
1Opinion of the CourtDargan, J.
Benford, thé guardian of Gibson, filed his accounts and vouchers* for final settlement, in the orphans’ court of Dallas; ánd one of the charges against the ward, was a bill of costs, amounting to twelve dollars and twenty-five cents, paid to the judge of the county court, as fees, for services rendered. It was admitted, that the services were rendered subsequent to the act of 18th of February, 1848, but were charged in conformity with the act of 1843, and not in accordance with the act of 1848.
The ward objected to the allowance of this account against him; but the objection was overruled, and…
2Cases cited1 opinion
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
3Cited by9 opinions
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Swann v. BuckMississippi Supreme Court · 1866
- Hyde v. StateMississippi Supreme Court · 1876
- Ex parte LuskSupreme Court of Alabama · 1886
- City of Birmingham v. PenuelSupreme Court of Alabama · 1942
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