Walden v. Town of Headland
Supreme Court of Alabama
Appeal from I-Ienry Circuit Court. Heard before Hon. A. A. Evans. Action by D. A. Walden against the town of Headland to recover salary alleged to be due him from the time of his unwarranted removal from office until the expiration of his term. From a judgment for defendant plaintiff appeals.
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Appeal from I-Ienry Circuit Court. Heard before Hon. A. A. Evans. Action by D. A. Walden against the town of Headland to recover salary alleged to be due him from the time of his unwarranted removal from office until the expiration of his term. From a judgment for defendant plaintiff appeals. Counsel insist that the law under which appellant was elected to office makes his term of office one year. — Acts 1898-9, p. 109. They insist that he was improperly removed from office. — Welzen v. Bourel of Bitpervisors, 40 Am. St. Bep. 45; Timble v. The People, 41 Am. St. Bep. 236; 15 A. & E. Ency. of…
1Opinion of the CourtTyson, C. J.
By this action the plaintiff seeks to recover of the defendant, a municipality, compensation alleged to be due to him in the form of salary for certain named months during the year 1906. He predicates his right to the compensation upon the theory that he was during that period of time the de jure officer of the municipality, and therefore was: entitled to the salary notwithstanding another performed the requisite services as a de facto officer. It appeared indisputably from the evidencet that plaintiff was removed from office by the governing body of the defendant municipality, and was *564paid…
2Cases cited7 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- Selby v. City of PortlandOregon Supreme Court · 1886
- Schafer v. Weaver & BillSupreme Court of Kansas · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- City of Anniston v. DempseySupreme Court of Alabama · 1950
- Coe v. City of Dothan.Alabama Court of Appeals · 1922
- Parker v. Jefferson County CommissionSupreme Court of Alabama · 1977
2 more not listed; retrieve them via the Exa API.