County of Mobile v. Powers
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellee, John F. Powers, brought the present action against the County of Mobile to recover $485, as fees due to him for services rendered as clerk of the city court of Mobile, in certain criminal cases, which were nol prossed, or where the defendant was acquitted, or the indictment quashed.
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellee, John F. Powers, brought the present action against the County of Mobile to recover $485, as fees due to him for services rendered as clerk of the city court of Mobile, in certain criminal cases, which were nol prossed, or where the defendant was acquitted, or the indictment quashed. The suit is brought under the act “To dispose of the fine and forfeiture fund in Mobile county, and to provide for the payment of all claims ■which are, by law, a charge against the said fund,” approved December 3, 1890. — Acts…
1Opinion of the CourtHead, J.
The controversy brings us to construe the act, “To dispose of the fine and forfeiture fund in Mobile county, and to provide for the payment of all claims, which are by law a charge against said fund.” — Acts 1890-91, p. 9. ’ The precise question presented is whether a claim which accrued after the passage of this act, in favor of the clerk of the city court of Mobile, which, without the act, would have been a proper claim against the fine and forfeiture fund, is now, by virtue of the act, payable out of tho general treasury, without regard to whether there are funds in the treasury to cover…
2Cited by4 opinions
- Herrmann v. Mobile CountySupreme Court of Alabama · 1918
- Cabler v. Mobile CountySupreme Court of Alabama · 1935
- Stone v. State ex rel. HolcombeSupreme Court of Alabama · 1916
- State Ex Rel. Holcombe v. StoneSupreme Court of Alabama · 1934