G. T. Wofford Oil Co. v. Burgin
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Wilson I. Burgin against the Gf. T. Wofford Oil Company to recover fees for inspecting oils. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Wilson I. Burgin against the Gf. T. Wofford Oil Company to recover fees for inspecting oils. Judgment for plaintiff and defendant appeals. The act of 1911, does not offend section 77 of the Constitution. — State v. McGough, 118 Ala. 159; State v. Garter, 174 Ala. 266. If a part can be stricken and the rest survive, and remain a complete enactment, capable of being upheld, such will be the order. —Ham v. The State, 156 Ala. 645; Untremor v. State, 146 Ala. 133; Kentz v. Oity of Mobile, 120 Ala. 623. The burden is on…
1Opinion of the Court
THOMAS, J.-
The appellee, Burgin, as oil inspector of Jefferson county, who was appointed such by the board of revenue of said county under the authority of the provisions of the local act approved February 27, 1901, entitled an act “To prevent the sale or use in the county of Jefferson of impure miners’ oil,” etc. (Local Acts 1901, p. 1249), brought this action to recover of the appellant oil company, who dealt in such oils in said county, the compensation allowed under section 12 of the act cited for services in inspecting and testing the miners’ oil kept by appellant for sale in said county.
2Cases cited9 opinions
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
- State ex rel. Clarke v. CarterSupreme Court of Alabama · 1911
- State ex rel. Robertson v. McGoughSupreme Court of Alabama · 1897
- Cahall v. Citizens Mutual Building Ass'nSupreme Court of Alabama · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McKinnon v. StateSupreme Court of Alabama · 1949