Macon County v. Abercrombie
Supreme Court of Alabama
Certiorari to Court of Appeals. Assumpsit by Macon County against M. B. Abercrombie and the sureties on Ms official bond. Judgment for defendant which judgment was reversed by the Court of Appeals in the case of Macon Oownty v. Abercrombie, 9 Ala. App. 147; 62 South. 449; and defendants bring certiorari.
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Certiorari to Court of Appeals. Assumpsit by Macon County against M. B. Abercrombie and the sureties on Ms official bond. Judgment for defendant which judgment was reversed by the Court of Appeals in the case of Macon Oownty v. Abercrombie, 9 Ala. App. 147; 62 South. 449; and defendants bring certiorari. The compensation fixed by section 3720, Code 1907 as amended by Acts 1911, p. 154, is not such compensation as is precise or definite, but refers to duties attached to the office for which no specific compensation is provided, and is governed by the proviso found in section 68, Constitution…
1Opinion of the Court
de GRAFFENRIED, J.
— In the Code of 1876 — see section 5025 of the Code of 1876 — -the Legislature declared that “all persons who are entitled to have an allowance made by the court of county commissioners for services commonly designated as ex officio services, for which no specific compensation is provided, shall, before such allowance is made, itemize the services for which pay is claimed, and make oath thereto as is required to be made in the allowance of ordinary claims against the county; and the compensation allowed shall not exceed the fair and reasonable value of the services, but in…
2Cases cited5 opinions
- Schell's Executors v. FauchéSupreme Court of the United States · 1891
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Lovejoy v. City of MontgomerySupreme Court of Alabama · 1913
- State v. Board of School CommissionersSupreme Court of Alabama · 1913
3Cited by10 opinions
- State v. Tuscaloosa Building & Loan Ass'nSupreme Court of Alabama · 1935
- State Ex Rel. Fowler v. StoneSupreme Court of Alabama · 1938
- Breeden v. NighSupreme Court of Oklahoma · 1968
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1922
- Macon County v. AbercrombieAlabama Court of Appeals · 1913
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