Smith v. City Commission of Birmingham

ANDERSON, Chief Justice.

It was admitted that the appellant, Dr. Greene Smith, was appointed to the office or position of City Physician; that he served in that position for a number of years and was so serving when the Civil Service Act of 1935, page 691, was adopted; that he discharged all duties required of him by the City Commission, but also maintained an office and engaged in the private practice, but which did not interfere with his official duties.

The main, if not sole, question presented for decision is whether or not the appellant, being what is termed a “part-time” official or…