Legal Opinion

Jackson v. Sherrod

Supreme Court of Alabama

Decided December 22, 1921No. 8 Div. 395PublishedCited by 28 opinions

Appeal from Circuit Court, Lawrence County ; Robert C. Brickell, Judge. Petition of C. M. Sherrod, as Deputy Solicitor for Lawrence .County, for mandamus commanding W. R. Jackson, as Clerk of the Circuit Court of Lawrence. County and ex officio Clerk of the County Court, to pay over to him certain fees alleged to have been earned as Deputy Solicitor. From an order-granting the writ respondent appeals. The act offends section 105 of the Constitution of 1901. 17 Ala.

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Appeal from Circuit Court, Lawrence County ; Robert C. Brickell, Judge. Petition of C. M. Sherrod, as Deputy Solicitor for Lawrence .County, for mandamus commanding W. R. Jackson, as Clerk of the Circuit Court of Lawrence. County and ex officio Clerk of the County Court, to pay over to him certain fees alleged to have been earned as Deputy Solicitor. From an order-granting the writ respondent appeals. The act offends section 105 of the Constitution of 1901. 17 Ala. App. 532, 86 South. 167; 168 Ala. 231, 53 South. 84; 149 Ala. 188, 43 South. 116. Under these same authorities, the act is also…

1Opinion of the CourtSayre, J.

[1] This is a petition by appel-lee, deputy solicitor for Lawrence county,, for the writ of .mandamus commanding appellant to pay over to him solicitor’s fees as-provided by the act of September 29, 1920, (Gen. & Loc. Acts, Sp. Sess. 1920, p. 171), entitled “An act to amend section 10 of an act entitled ‘An act to regulate the trial of misdemeanors in Lawrence county, approved August 29, 1919.’ ” Respondent bases his refusal on the ground of the alleged constitutional invalidity of the act of September 29, 1920. '

In so far as respondent’s objection is based on section 105 of the Constitution…

2Cases cited8 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. City of Ensley v. SimpsonSupreme Court of Alabama · 1909
  3. Brandon v. AskewSupreme Court of Alabama · 1911
  4. Dunn v. DeanSupreme Court of Alabama · 1916
  5. Wright v. Empire Coal Co.Supreme Court of Alabama · 1917

3 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. State Ex Rel. Brooks v. GullattSupreme Court of Alabama · 1923
  2. Newton v. City of TuscaloosaSupreme Court of Alabama · 1948
  3. Tayloe v. DavisSupreme Court of Alabama · 1924
  4. Bond v. PhelpsSupreme Court of Oklahoma · 1948
  5. Birmingham Electric Co. v. HarrySupreme Court of Alabama · 1926

23 more not listed; retrieve them via the Exa API.

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