Tucker v. Gillespie
Supreme Court of Alabama
Motion for Summary Judgment. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Jerome A. Tucker entered a motion against John S'. Gillespie as clerk and register of the city court of Birmingham for summary judgment to compel him to pay over certain fees collected for the movant as a witness in a certain cause theretofore tried in such court. From a judgment denying motion movant appeals.
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Motion for Summary Judgment. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Jerome A. Tucker entered a motion against John S'. Gillespie as clerk and register of the city court of Birmingham for summary judgment to compel him to pay over certain fees collected for the movant as a witness in a certain cause theretofore tried in such court. From a judgment denying motion movant appeals. It will not be denied. that Tucker’s right to the witness fee is property whether it be taken as an interest in the money or as a right of action against Gillespie for the same. If this be…
1Opinion of the CourtMayfield, J.
The case made for appellant on this appeal is stated by counsel as follows:
“This is a proceeding to test the constitutionality of the act of the Legislature of Alabama approved August 26, 1909, entitled: ‘An act to regulate the disposition and disbursement of witness fees collected by clerks of courts of record and which fees have not been paid out to the parties entitled thereto within two years after collected by the clerk.’ S'ee Acts of Alabama Special Session 1909, p. 213. This proceeding originated by a motion for summary judgment against defendant, as clerk and register of the city…
2Cases cited2 opinions
- Patterson v. Officers of the Circuit CourtSupreme Court of Alabama · 1847
- Gary v. BoykinSupreme Court of Alabama · 1844
3Cited by2 opinions
- North Birmingham Trust & Savings Bank v. HearnSupreme Court of Alabama · 1924
- United Verde Extension Mining Co. v. BilesArizona Supreme Court · 1923