City of Anniston v. Douglas

FOSTER, Justice.

This is a suit by a policeman for his salary as such for forty-five days, from December 1, 1946, to January 15, 1947. Count one is the only count that went to the jury on the affirmative charge for plaintiff. The demurrer to that count was that it fails to state a cause of action. The demurrer was overruled. Plaintiff had judgment for the amount of his salary for the forty-five days.

The city officers were under civil service by virtue of the Act of August 4, 1931, General Acts 1931, page 676, Code 1940, Tit. 62, § 392 et seq. The city of Anniston is acting under that Act, and…