Mobile County v. Williams
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by tbe County of Mobile against Price Williams, Jr., Judge, to collect moneys alleged to have been illegally paid him. Judgment for defendant, and plaintiff appeals. Tbe facts sufficiently appear in tbe opinion.
Read the full summary
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by tbe County of Mobile against Price Williams, Jr., Judge, to collect moneys alleged to have been illegally paid him. Judgment for defendant, and plaintiff appeals. Tbe facts sufficiently appear in tbe opinion. Plea 4 is as follows: “That eacb and all of tbe several claims, and demands set up in tbe complaint are parts of, and embrace in, a certain claim aggregating, to wit, $5,056.25, found and presented against tbe defendant, Price Williams, Jr., judge of probate of Mobile county, Ala., by tbe examiner of…
1Opinion
*662ON APPLICATION FOR REHEARING.
de GRAFFENRIED, J.
Sections 1500 and 5415 of the Code of 1907 have appeared in our various Codes since their first appearance together in the Code of 1852. Section 5452 of the Code expressly renders the judge of probate liable on his official bond for certain named omissions of official duty, as well as for all omissions of official duty. This section seems to deal only with the liability of a judge of probate on his bond for a failure of such judge to perform his official duty. It deals with acts of omission only, and says who may sue therefor.
Section 1500 of the…
2Cases cited3 opinions
- Wood Dickerson Supply Co. v. CocciolaSupreme Court of Alabama · 1907
- Savage v. MathewsSupreme Court of Alabama · 1893
- Tallman v. DrakeSupreme Court of Alabama · 1896